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(영문) 대법원 2013.11.14 2013도9251
대기환경보전법위반
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 of appeal, the lower court was justifiable in finding the Defendant guilty of violating the duty to install the dust-proof network among the facts charged in the instant case, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence

2. As to the prosecutor’s grounds of appeal, the lower court acquitted the Defendant on the grounds that there was no proof of criminal facts as to the violation of the duty to report the installation of discharge facilities among the facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the court below’s aforementioned measures are acceptable. Contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles

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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