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(영문) 대법원 2015.06.11 2015도3533
가축분뇨의관리및이용에관한법률위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the reasoning of the lower judgment on the grounds of appeal by the prosecutor, the lower court, based on its reasoning, maintained the judgment of acquittal of the first instance court, on the ground that there is no evidence of crime as to the violation of the Act on the Management and Use of Livestock Excreta due to spraying of liquid manure on February 28, 2013 and May 7, 2013 among the facts charged in the instant case against Defendant A.

The judgment below

In light of the records, the above judgment of the court below is just, and there is no error in the misapprehension of the principle of free evaluation of evidence against logical and empirical rules.

On the other hand, the prosecutor appealed the entire judgment of the court below, but did not submit grounds for appeal as to the guilty portion.

2. Examining the reasoning of the lower judgment as to the Defendants’ grounds of appeal in light of the evidence duly admitted by the lower court, it is justifiable for the lower court to have convicted the Defendants of all the charges of this case (excluding the portion of acquittal) on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by failing to exhaust all necessary deliberations, by misapprehending the legal doctrine as to the subject of the crime of violation of Article 50 subparag. 5 and subparag. 1 of the Act on the Management and Use of Livestock Excreta

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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