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(영문) 대법원 2017.10.26 2017도9498
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that found the Defendant not guilty on the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the main award) among the facts charged in the instant case on the ground that there is no proof of crime, and reversed the first instance judgment that found the Defendant guilty on the charge of aiding and abetting the Defendant as having no evidence of crime among the facts charged in the instant case.

The judgment below

Examining the reasoning of the judgment below in light of the record, the above determination is justifiable, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles as to the establishment of

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but there is no indication of the grounds for appeal in the petition of appeal and there is no indication of the grounds for appeal in the statement of reasons for appeal.

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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