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(영문) 대법원 2018.07.24 2018도6716
식품위생법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by Defendant A, an appeal may be filed for the reason that the judgment of the court below was affected by grave mistake of facts, only in cases where the punishment of death or imprisonment with or without prison labor for an indefinite term or for not less than ten years

Therefore, in this case where a more minor sentence is imposed on Defendant A, the argument that the lower court simply contests the recognition of the facts without a specific assertion on the grounds of violation of law, etc. of the lower judgment is not a legitimate ground for appeal.

2. On the grounds of the prosecutor’s appeal, the court below reversed the judgment of the first instance court which found Defendant D guilty on the grounds that there is no proof of crime as to the facts charged against Defendant D, and sentenced the Defendant not guilty.

Even if examining the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the admissibility of evidence under Article 318(1) of the Criminal Procedure Act, contrary to what is alleged in the grounds of appeal.

3. Therefore, 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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