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(영문) 대법원 2019.03.28 2019도902
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment which acquitted the Defendant on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, on the ground that the evidence submitted by the prosecutor alone was insufficient to recognize that the Defendant left the scene of an accident with the criminal intent of escape.

The judgment below

Examining the reasoning in light of the relevant legal principles and the record, 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 “abdomination” and “an intentional injury” in the crime of violation of the Act on the Aggravated Punishment, etc.

On the other hand, the prosecutor appealed the guilty portion of the judgment of the court below, but does not indicate the grounds of objection against the petition of appeal and the appellate brief.

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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