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(영문) 대법원 2015.07.23 2015도694

노인복지법위반

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, the court below is just in finding the Defendant guilty of the facts charged of this case on the grounds as stated in its reasoning. 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 against logical and empirical rules, or by misapprehending the legal principles on the elderly welfare facilities under Article 32 (1) 1 of the Welfare of the Aged Act, and the subjects to report under

In addition, the argument that the sentencing date is delayed until the Constitutional Court's decision on the relevant provision is made does not constitute a legitimate ground for appeal under Article 383 of the Criminal Procedure Act.

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