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(영문) 대법원 2020.02.13 2019도15750
폐기물관리법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by Defendants A and B, the lower court upheld the first instance judgment convicting Defendant A and B of the facts charged on the grounds as 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 misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violation of Article 8 (2) of the Wastes Control Act, or by violating the principle of prohibition of analogical interpretation derived from the principle of no punishment without law

2. As to the grounds of appeal by Defendant D, the lower court upheld the first instance judgment convicting Defendant D of the facts charged against Defendant D, on the grounds as indicated 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 misapprehending the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on interpretation of Article 8(2) of the Wastes Control Act, illegal disposal after acceptance of bribery, preparation of false official document, and establishment of false presentation of official document.

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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