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(영문) 대법원 2019.09.09 2019도9344
축산물위생관리법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendants’ grounds of appeal, the lower court upheld the first instance judgment convicting the Defendants of violating the Livestock Products Sanitary Control Act among the instant facts charged, on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine on the evaluation of the probative value of indirect evidence.

2. On the grounds of appeal by the prosecutor, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of a crime regarding the violation of the Livestock Products Sanitary Control Act, among the facts charged in the instant case, 18.52kg and Madych 204.14kg.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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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