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(영문) 대법원 2015.11.12 2015도14122
병역법위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For reasons indicated in its holding, the lower court rejected the grounds for appeal by misapprehending the legal doctrine on the fact that the files of this case’s recommendation for overseas travel do not constitute documents under the Criminal Act.

The judgment below

Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine on documents, etc. under the Criminal Act.

On the other hand, the prosecutor appealed against the guilty portion of the judgment below, but the notice of appeal does not state the grounds for appeal and the appellate brief does not state the grounds 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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