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(영문) 대법원 2018.04.24 2018도3000
산업안전보건법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court reversed the first instance judgment convicting the Defendants on the instant facts charged (excluding the part on conviction) on the grounds that there is no proof of crime, and sentenced the Defendants not guilty.

Examining the record in accordance with the relevant legal doctrine, 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 Article 23(1) of the Industrial Safety and Health Act.

On the other hand, although the prosecutor appealed against the entire judgment of the court below, the remaining guilty portion is not indicated in the petition of appeal or the reasoning of appeal.

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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