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(영문) 대법원 2016.12.27 2016도15186
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). On the grounds indicated in its reasoning, the lower court rejected the first instance court’s determination that found the Defendant guilty of facts constituting the crime in the judgment of the first instance, and did not accept the Defendant’s assertion that the intention of the negligence and escape was disputed, and rejected the allegation of the grounds for appeal

The allegation in the grounds of appeal disputing such a judgment of the court of fact-finding is merely an error in the determination of the evidence and probative value of the court of fact-finding or the fact-finding based thereon.

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not exhaust all necessary deliberations as alleged in the grounds of appeal and did not err by misapprehending the legal doctrine on measures such as occupational negligence, bodily injury, and relief under Article 54(1) of the Road Traffic

The Supreme Court precedents cited in the grounds of appeal are different from this case, and thus are inappropriate to be invoked in this case.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

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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