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(영문) 대법원 2017.10.26 2017도7458
유사수신행위의규제에관한법률위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the lower court and the first instance court on the grounds of Defendant A’s appeal, the lower court’s determination that Defendant A was guilty of violating the Act on the Regulation of Similar Receiving Acts among the facts charged in the instant case on the grounds stated in its reasoning is justifiable.

In doing so, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on joint principal offenders and the receipt of similar principal offenders.

2. Examining the reasoning of the prosecutor’s appeal, it is justifiable for the lower court to have maintained the first instance judgment that acquitted the Defendants on the grounds that all of the facts charged in the instant case against the Defendants did not prove any crime, on the grounds stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules.

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

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