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(영문) 대법원 2017.07.11 2017도6331
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to the Defendant’s grounds for appeal, the lower court was justifiable to have found the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, 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 injury to the crime of violating the Act on the Aggravated Punishment, etc. of Specific

2. Examining the reasoning of the judgment of the court below in light of the records, it is just to reverse the judgment of the court of first instance that found the prosecutor guilty of the violation of the Road Traffic Act (measures after the accident) among the facts charged in the instant case on the grounds stated in its reasoning and to find the defendant not guilty, and there is no error of law by misapprehending the legal principles on the crime of violation of the Road Traffic Act (Measures after the accident) as alleged

Meanwhile, although the prosecutor appealed against the entire judgment of the court below, the prosecutor does not state the grounds of objection against the petition of appeal or the reasoning of appeal.

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

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