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(영문) 대법원 2017.12.22 2017도17378
특정범죄가중처벌등에관한법률위반(도주치상)
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 acquitted the Defendants on the charges of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the main sentence) on the Aggravated Punishment, etc. of Specific Crimes on the ground that there is no proof of such crime, and upheld the first instance judgment that acquitted the Defendants on the violation of the Act

The judgment below

Examining the reasoning in light of the record, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the criminal intent of escape.

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the dismissal part of the public prosecution does not state the grounds of 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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