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(영문) 대법원 2013.11.14.선고 2013도10839 판결

후천성면역결핍증예방법위반

Cases

2013Do10839 Violation of the Prevention of Acquired immunodeficiencydeficiency Syndrome Act

Defendant

A person shall be appointed.

Appellant

Prosecutor

Defense Counsel

Attorney 1

Judgment of the lower court

Seoul Central District Court Decision 2013No1218 Decided August 22, 2013

Imposition of Judgment

November 14, 2013

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the judgment below in light of the records, the court below reversed the judgment of the court of first instance which found the Defendant guilty on the ground that the facts charged in this case constituted a case where there is no evidence of crime, and sentenced the Defendant not guilty. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence and exceeding the bounds of the logical and empirical rules

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Jae-young

Justices Kim Chang-suk -

Justices Yang Chang-soo

Chief Justice Park Poe-dae

Justices Go Young-young-