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(영문) 대법원 2015.09.24 2015도8291
폐기물관리법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the judgment below as to Defendant A and B’s grounds of appeal in light of the evidence duly admitted by the court below, the court below reversed the judgment of the court of first instance that acquitted the above Defendants on the violation of the Wastes Control Act due to the name transfer among the facts charged in this case, and found them guilty of the above charges. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the name transfer

Meanwhile, according to the records, only the prosecutor appealed the first instance judgment against Defendant B on the ground of misconception of facts as to the violation of the Wastes Control Act concerning the name lending, and the lower court may have accepted prosecutor’s assertion of misconception of facts and reversed the first instance judgment. In such a case, the lower court’s assertion that there was an error of violating the prohibition against double Jeopardy as to the violation of the Wastes Control Act concerning unauthorized expansion of vehicles without permission among the facts charged against Defendant B

2. As to Defendant D’s final appeal, the final appeal court may examine and determine only to the extent of filing an appeal based on the grounds of final appeal, and the written ground of final appeal must clearly state the grounds for final appeal, 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 Decisions 9Do513 delivered on April 21, 2000, 2001Do6750 delivered on February 26, 2002, and 2001Do6750 delivered on February 26, 200). With respect to Defendant D, the defense counsel did not expressly state the grounds for violation of the law and subordinate statutes in the judgment below regarding the appellate brief, and the petition of appeal is

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