logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2019.07.04 2019도5275
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

On the grounds indicated in its reasoning, the lower court acquitted the Defendant of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (in the instant charges) and the violation of the Road Traffic Act (in the event of an accident) on the ground that the evidence presented by the prosecutor alone was insufficient to prove that the Defendant suffered injury from the victim by taking a motorcycle driving a car while driving the car without any reasonable doubt.

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 in violation of logical and empirical rules, or by misapprehending the legal doctrine on the principle of no accusation.

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.

arrow