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(영문) 대법원 2019.08.29 2019도8407
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court reversed the first instance judgment convicting the Defendant on the violation of the Automobile Management Act due to the joint criminal conduct with B and C among the facts charged in the instant case, and found the Defendant guilty only on the part aiding and abetting the violation of the Automobile Management Act, on the grounds that it is insufficient to recognize a functional control over the act

The judgment below

Examining the reasoning in light of the record, 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 establishment of joint principal offenders.

On the other hand, the prosecutor appealed the entire judgment of the court below, but did not state specific grounds for objection on the guilty portion in the petition of appeal or 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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