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(영문) 대법원 2020.01.30 2019도15314
원자력안전법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by Defendant C, the lower court upheld the first instance judgment convicting Defendant C of the facts charged, on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not exhaust all necessary deliberations as stated in the grounds of appeal and 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 principles on joint principal offenders, and joint principal offenders and joint penal provisions, and by misapprehending the principle of prohibition of retroactive effect

2. As to the grounds of appeal by Defendant D, the lower court upheld the first instance judgment convicting Defendant D of the facts charged against Defendant D (excluding the part not guilty in the grounds of appeal) on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and 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 principles on the admissibility of evidence, joint principal offenders, and the establishment of a violation of Articles 117 subparag. 3 and 98(2) of the Nuclear Safety Act, modification of indictment and the principle of non-defluence, and contrary to the principle of prohibition of analogical interpretation derived from the principle of

3. As to the grounds of appeal by Defendant E, the lower court upheld the first instance judgment convicting Defendant E of the 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 relevant legal doctrine, contrary to the grounds of appeal.

4. 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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