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(영문) 대법원 2016.01.14 2015도11857
도시및주거환경정비법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A and F’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court is justifiable to have determined that all of the charges of this case against Defendant A and Defendant F were guilty on the grounds stated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine on the violation of Article 85 subparag. 5 of the Act on the Improvement of Urban and Residential Environments, contrary to what is alleged in the grounds of appeal.

2. Examining the reasoning of the judgment of the court below in light of the records, it is just to reverse the judgment of the court of first instance that found Defendant D and E guilty of the charges of this case on the grounds that all of the charges of this case against Defendant D and E did not have evidence of crime, and to render a judgment not guilty of Defendant D and E, and there is no error of law by misapprehending the bounds of free evaluation of evidence in violation of logical and empirical rules as alleged in the grounds of appeal.

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

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