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(영문) 대법원 2016.06.23 2016도5262
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, it is justifiable for the lower court to have found the Defendant guilty of violating the Road Traffic Act among the facts charged in the instant case on the grounds stated in its reasoning.

Contrary to the allegations in the grounds of appeal, there is no error of law by misunderstanding facts beyond the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules or by misapprehending the relevant legal principles.

2. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment convicting the Defendant on the ground that there was no proof of crime regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case, and acquitted the Defendant on the grounds thereof.

The judgment below

In light of the records, the judgment of the court below is just, 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, thereby finding the facts erroneous.

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

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