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(영문) 전주지방법원 2016.11.04 2016노886

여객자동차운수사업법위반

Text

The defendant's appeal is dismissed.

Reasons

1. In light of all the circumstances, E and other acts do not constitute the act of using the name under the Passenger Transport Service Act. However, the lower court erred by misapprehending the rules of evidence and by misapprehending the legal principles, thereby convicting the Defendant of the facts charged.

2. The defendant asserts the same purport in the court below, and the court below rejected the above argument in detail in the "decision on the defendant's and defense counsel's assertion" column. In light of the records, the court below's decision is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant. Thus, the defendant's argument is without merit.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.