logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2017.09.07 2016도21560
사문서위조등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendants’ grounds for appeal in light of the evidence duly admitted, it is justifiable for the lower court to have maintained the first instance judgment that found the Defendants guilty of violating the Passenger Transport Service Act and obstructing the exercise of rights against Defendant A among the facts charged in the instant case on the grounds stated in its reasoning.

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the relevant legal principles, without exhausting all necessary deliberations, as alleged in the grounds of appeal.

2. As to the reasons for the Prosecutor’s appeal, the lower court affirmed the first instance judgment that acquitted the Prosecutor on the charge of this case (excluding the part on conviction as seen earlier) on the ground that it constitutes a case not constituting a crime for reasons as indicated in its reasoning.

The judgment below

Examining the reasoning of the judgment below in light of the records, the above judgment of the court below is justifiable.

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the crime of forging private documents with the joint representative director, as alleged in the grounds of appeal.

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but there is no indication in the petition of appeal as well as the reason for appeal.

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

arrow