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(영문) 대법원 2020.05.28 2020도4021
유사수신행위의규제에관한법률위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court found the Defendant guilty of the instant charges on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the specific offense of the victim in violation of the Act on the Regulation of Conducting

2. As an appeal against a compensation order for a defendant is an appeal against the lower court’s judgment, the essence of the appeal is to correct the judgment disadvantageous to the defendant and to request a favorable judgment. Therefore, unless the judgment of the lower court is disadvantageous to the defendant, the defendant cannot have the right to appeal against it.

(See Supreme Court Decision 2005Do4866 Decided September 15, 2005, etc.). According to the records, the court below revoked ex officio the part of the order for compensation among the judgment of the court of first instance and dismissed all the applications for compensation by the applicant for compensation by the court of first instance and the court of first instance.

In light of the above legal principles, the part of the judgment of the court below that rejected the application for compensation order cannot be seen as disadvantageous judgment against the defendant, and the defendant has no right to appeal against it.

Therefore, the Defendant’s appeal on this part is unlawful.

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

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