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(영문) 대법원 2017.06.29 2016도12774
위험물안전관리법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendants’ grounds for appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendants guilty of this case’s facts charged (excluding the portion not guilty of the grounds for appeal) on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence,

2. Examining the reasoning of the judgment below in light of the records, we affirm the judgment of the court of first instance which convicted the prosecutor of violation of the Act on the Safety Control of Dangerous Substances due to Brad's strike from among the facts charged in the instant case on the ground that there was no proof of crime, and it is therefore acceptable to reverse the judgment of the court of first instance and to hold the defendant not guilty on the ground. Contrary to the allegations in the grounds of appeal, the appeal did not err by exceeding the bounds of

On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no evidence of objection against the guilty portion in the notice of appeal and the grounds of appeal.

3. 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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