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(영문) 대법원 2016.06.28 2016도1176

공인중개사의업무및부동산거래신고에관한법률위반

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All appeals are dismissed.

Reasons

1. Defendant A’s appeal is examined.

Defendant

A did not submit a statement of reason for appeal within the statutory period, and the petition of appeal does not indicate the reason.

On the other hand, the defense counsel of the court below submitted a statement of reason for appeal to the Supreme Court without submitting a report of appointment of defense counsel to the Supreme Court, and it is evident that the report of appointment of defense counsel was submitted only after the lapse of the period for appeal under Article 379(1) of the Criminal Procedure Act. Thus, the reason for appeal submitted by the defense counsel of the court below

2. The prosecutor's appeal is examined.

The judgment below

In light of the records, the court below reversed the judgment of the court of first instance which found the Defendants guilty on the grounds that the facts charged in this case (excluding the part which the court below found Defendant A guilty) constituted a case where there is no proof of criminal facts, and it is just to reverse the judgment of the court of first instance, and it did not err by violating the law of logic and experience and exceeding the bounds of free evaluation of evidence, as alleged in the grounds of

Meanwhile, the prosecutor appealed against Defendant A’s guilty portion of the judgment below, but did not state specific grounds for objection to this part in the petition of appeal or the reasoning of appeal.

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