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(영문) 대법원 2016.01.14 2015도17376

게임산업진흥에관한법률위반

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For reasons indicated in its reasoning, the lower court, on the grounds as indicated in its reasoning, publicly offered by the Defendant to operate the game of this case with the co-defendant A of the

Recognizing this, we rejected the grounds for appeal as to the mistake of facts alleged in the appeal.

The allegation in the grounds of appeal is the purport of disputing such judgment of the court below and is merely an error in the determination of evidence and probative value, which belong to the free judgment of the court of fact-finding. In addition, even when examining the reasoning of the court below in light of the evidence duly admitted, the court below did not err by failing to exhaust all necessary deliberations or by misapprehending the legal principles as to Article 310 of the Criminal Procedure Act, contrary to what is alleged in the grounds of appeal.

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