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(영문) 대법원 2021.02.04 2019도7440
향토예비군설치법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court upheld the first instance judgment that convicted of the instant facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on “justifiable cause” and the principle of prohibition of double punishment as prescribed by Article 15(9)1 of the former Act on the Establishment of Local Reserve Forces (amended by Act No. 14184, May 29, 2016).

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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