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(영문) 대법원 2016.07.27 2016도6755
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Among the grounds for appeal, the allegation that the lower court erred by mistake of the facts as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act (measures after Accidents) among the facts charged in the instant case cannot be a legitimate ground for appeal, since the lower court alleged in the reasoning of appeal submitted by the Defendant after the lapse of the period for filing the appeal, which is not subject to ex officio judgment.

B. In addition, the lower judgment did not err by misapprehending the legal doctrine as alleged in the grounds of appeal on this part.

In addition, examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, it is just that the court below found the defendant guilty of violating the Automobile Management Act among the facts charged in this case on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the law of logic and experience, exceeding the bounds of free conviction, or by misapprehending the legal principles as to legitimate acts under Article 20 of the Criminal Act

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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