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(영문) 대법원 2015.11.26 2015도14586
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Although examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal based on evidence, the lower court did not err by misapprehending the legal doctrine on the intention of escape, or by misapprehending the logical and empirical rules, contrary to what is alleged in the grounds of appeal, in the lower judgment that convicted all of the Defendants of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (unclaimed

2. Although examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court did not err by misapprehending the facts against logical and empirical rules or by misapprehending the legal doctrine on the exclusionary rule of illegally collected evidence, contrary to what is alleged in the grounds of appeal.

On the other hand, the prosecutor appealed the entire judgment of the court below, but did not state the grounds of appeal in the petition of appeal or the appellate brief concerning the guilty portion.

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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