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(영문) 대법원 2021.03.11 2020도18023
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court reversed the first instance judgment convicting the Defendant of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case on the grounds that there was no proof of crime, and acquitted the Defendant on the grounds thereof.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, 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 escape of a crime in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the equivalent).

Although the Prosecutor appealed to the entire judgment of the court below, the Prosecutor did not state the grounds for objection against the dismissal of the prosecution in the petition of appeal or the statement of reasons for appeal.

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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