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(영문) 대법원 2013.09.26 2013도1160
수질및수생태계보전에관한법률위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty of the facts charged of this case on the grounds as stated in its reasoning, and there is no error of law by failing to exhaust all necessary deliberations or by misapprehending the legal principles on the violation of the Water Quality and Aquatic Ecosystem Conservation Act beyond the bounds of the principle of free evaluation

Meanwhile, according to the records, the defendant appealed against the judgment of the court of first instance, and asserted a misapprehension of the legal principles as to the illegality of the collection of samples at the time of regulating the grounds of appeal, but withdrawn the grounds of appeal as alleged in the ground of appeal on the seventh trial

In such a case, the argument that the lower court erred by misapprehending the legal principles cannot be a legitimate ground for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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