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(영문) 대법원 2017.01.25 2016도18555

게임산업진흥에관한법률위반방조

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The prosecutor's grounds for appeal belong to the exclusive authority of the fact-finding court as long as the admission and evaluation of evidence conducted on the premise of the fact-finding and the selection and evaluation of evidence is not beyond the bounds of the principle of free evaluation of evidence. The appeal is also based

In addition, it is necessary to establish a criminal facts in a criminal trial to prove that there is no reasonable doubt, so if the prosecutor's proof does not reach that, there is a part of the unexplosed trial.

Even the defendant should be judged in favor of the defendant.

The judgment below

Examining the reasoning of the record, the lower court’s finding the Defendant not guilty of the facts charged of this case (excluding the portion of conviction) on the ground that there is no proof of crime does not constitute a violation of the principle of free evaluation of evidence against logical and empirical rules without exhaust all necessary deliberations as alleged in the grounds of appeal.

On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no specific reason in the petition of appeal as to the guilty portion, and there is no reason of appeal as to it.

2. As to the defendant's appeal, the defendant did not submit a written reason for appeal within the statutory period, and the notice of appeal does not indicate the reason for appeal.

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