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(영문) 대법원 2017.12.28 2017도17683
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court was justifiable to have determined that the instant facts charged were guilty on the grounds as indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the necessity of relief measures in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., escapeing vehicles), intent to escape, and necessary measures

In addition, the argument that the lower court erred by misapprehending the legal doctrine on the recognition of illegality is not a legitimate ground for appeal, which is alleged by the Defendant as the ground for appeal or by the lower court that it was not subject to judgment ex officio.

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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