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(영문) 대법원 2013.09.12 2013도8144

방문판매등에관한법률위반등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the grounds of appeal by Defendant A, C, D, F, and L in light of the evidence duly admitted by the lower court and the first instance court, the lower court is justifiable to have convicted the above Defendants of the charges of this case (excluding the part on which the lower court rendered a not guilty verdict on the grounds of appeal against Defendant F) on the grounds stated in its reasoning. In so doing, the lower court did not exhaust all necessary deliberations or err by misapprehending the legal doctrine on the act of receiving money without delay in the process of violating the rules of logic and experience and exceeding the bounds of the principle of free evaluation of evidence,

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to Defendant E, G, H, I, J, and K’s grounds of appeal, the lower court is justifiable to have convicted the said Defendants of the charges of this case (excluding the part on which the lower court rendered a not guilty verdict of the grounds for appeal against Defendant E, G, and H) on the grounds stated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine on the act of receiving the same kind of money in violation of logical and empirical rules and the principle of free evaluation of evidence, or by misapprehending the legal doctrine

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the above Defendants, the argument that the sentencing of the sentence is unreasonable

3. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to the grounds of appeal by Defendant M,O, P, S, U, and Z, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed.