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(영문) 대법원 2015.05.14 2015도356

게임산업진흥에관한법률위반

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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence of Defendant A’s ground of appeal duly adopted and examined by the lower court and the first instance court, the lower court was justifiable to have found the Defendant guilty of violating the Game Industry Promotion Act (hereinafter “Game Industry Promotion Act”) among the facts charged in the instant case on the grounds stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or misapprehending the legal principles on Article 28 subparag. 2 of the Game Industry Act.

2. Examining the prosecutor’s grounds of appeal, it is justifiable to reverse the judgment of the court of first instance which convicted the Defendants of the violation of the Game Industry Act due to exchange brokerage among the facts charged in the instant case on the grounds as stated in its holding, and to render the judgment not guilty.

There is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the legal doctrine on the “reconciliation” under Article 32(1)7 of the Game Industry Act.

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