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(영문) 대법원 2017.12.22 2017도12193
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 records, the lower court reversed the first instance judgment that found the Defendant guilty 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 found the Defendant not guilty on the grounds of its reasoning.

In so doing, the lower court did not err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, thereby exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, he did not state the specific reasons in the petition of appeal as to the guilty portion, and does not state the reasons for appeal in the letter of appeal.

2. Examining the reasoning of the lower judgment on the grounds of appeal by the Defendant in light of the relevant legal principles and the evidence duly admitted, the lower court is justifiable to have found the Defendant guilty of the facts charged in the instant case (excluding the part not guilty of the reasoning

In so doing, contrary to the allegations in the grounds of appeal, the lower court did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules or by misapprehending relevant legal principles

3. 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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