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(영문) 대법원 2019.09.25 2019도10016

국민체육진흥법위반(도박개장등)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the Defendant, the lower court upheld the first instance judgment convicting the Defendant of violating the National Sports Promotion Act (Gambling, etc.) and establishing gambling spaces among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court 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 doctrine on co-principal.

2. On the grounds of appeal by the prosecutor, the lower court upheld the first instance judgment that acquitted the Defendant on the part of violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment among the facts charged in the instant case on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the record, the lower court 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 doctrine on joint principal offenders.

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