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(영문) 대법원 2019.05.30 2019도4085
산지관리법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The court of final appeal as to Defendant A and B’s grounds of final appeal may examine and determine only to the extent of filing an appeal based on the grounds of final appeal. Therefore, the written grounds of final appeal clearly states the grounds for final appeal by specifying the grounds for final appeal.

Therefore, unless the appellate brief states such specific and explicit grounds of appeal, it cannot be deemed that legitimate grounds of appeal have been submitted.

(See Supreme Court Decision 9Do513 delivered on April 21, 2000, etc.). Defendant A and B did not submit a statement of grounds for appeal within the submission period, and only stated the judgment of the court below in the petition of appeal only erroneous by misapprehending the legal principles, etc., but did not expressly state the grounds for the specific violation of the law of the court below. Thus, it cannot be deemed a legitimate ground for appeal.

2. The lower court found Defendant C guilty of violating the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) among the facts charged in the instant case on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment 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 establishment of joint principal offenders (i.e., “speed trees or other unlawful means” as prescribed by Article 140 Subparag

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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