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(영문) 대법원 2020.02.06 2019도17400
농지법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by prosecutor, the lower court acquitted the part of the charges of this case on violation of the Rearrangement of Agricultural and Fishing Villages Act.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, 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, or by misapprehending the legal doctrine on “agricultural production infrastructure” as prescribed

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the prosecutor did not indicate in the petition of appeal or the appellate brief the grounds of objection against the conviction.

2. The defendant's ground of appeal was not stated in the petition of appeal submitted by the defendant, and the defendant did not submit the appellate brief within the statutory period.

(3) The defendant's appeal is dismissed in entirety. It is so decided as per Disposition by the assent of all participating Justices on the bench. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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