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(영문) 대법원 2015.10.15 2015도11005
골재채취법위반등
Text

All appeals are dismissed.

Reasons

1. Defendant B’s appeal is examined.

Defendant

B did not submit a statement of grounds for appeal within the statutory period, and the petition of appeal does not contain any indication in the grounds for appeal.

2. We examine Defendant D’s appeal.

According to the records, Defendant D did not submit a written appeal to the lower court. On August 3, 2015, the period for filing an appeal passed, the defense counsel submitted only the title of “statement of grounds for appeal” to the Supreme Court.

In light of the method and purport of the above appellate brief, it can be seen as a petition of appeal, but since it was submitted after the period for filing an appeal has already expired, it may be dismissed by a ruling of Defendant D pursuant to Article 381 of the Criminal Procedure Act. However, the appeal by Defendant B, A, and prosecutor shall be dismissed by a judgment en bloc.

3. Defendant A’s grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below and the relevant legal principles, the court below held that it was difficult to view that the court below's Joint Defendant E informed Defendant F of "the fact that he was not exempted from marine traffic safety diagnosis regarding Y mining area" on the date of the permission of this case on the grounds stated in its reasoning. Furthermore, the court below's determination that Defendant A was guilty of all of the illegal means among the charges of this case against Defendant A, permission for extraction of aggregate and obstruction of performance of official duties by deceptive means is just. In so doing, contrary to the allegations in the grounds of appeal, there were no errors of failing to exhaust all necessary deliberations, or of misapprehending the legal principles

4. Prosecutor's grounds of appeal are examined.

The judgment below

Examining the reasoning of the record in light of the records, the court below's act of taking property in breach of trust against BI among the facts charged against Defendant F and the facts charged against Defendant B.

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