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(영문) 대전지방법원 2017.09.13 2017노66
고등교육법위반등
Text

Of the part of the judgment of the court below against the defendant, the violation and non-authorization of the High Education Act.

Reasons

1. Progression of litigation and scope of adjudication of this court;

A. The lower court found the Defendant guilty of all the charges, and sentenced the Defendant to a suspended sentence of two years for eight months.

Accordingly, the Defendant appealed on the entire judgment of the lower court on the grounds of misunderstanding of facts, misunderstanding of legal principles, and sentencing.

B. Prior to remand, the first instance court convicted the Defendant of the violation of the High Education Act due to the violation of the corrective order among the charges against the Defendant, the violation of the High Education Act due to the operation of an unregistered school, and the violation of the High Education Act due to the conferment of a master’s degree of each non-qualified school degree, the violation of the High Education Act due to the granting of a master’s degree of a master’s degree, each non-qualified school admission, each company’s signature and counterfeit teacher, each of the above investigation and each of the teacher’s conduct of private event, and sentenced the Defendant to a fine of KRW 4 million.

(c)

Accordingly, on the grounds that the Defendant violated the rules of evidence and misunderstanding of the legal principles with respect to the conviction portion of the judgment prior to remand, the prosecutor filed each appeal on the grounds that the Defendant violated the rules of evidence and misunderstanding of the legal principles with respect to the acquittal portion of the judgment prior to remand.

(d)

The Supreme Court has erred in the misapprehension of legal principles as to whether the defendant's appeal constitutes the elements of violation of each High School Education Act with respect to the conviction of the judgment of the court of first instance before the remand.

The appeal of the prosecutor was reversed by judgment, and the prosecutor's appeal was dismissed by judgment that there was no violation of the rules of evidence law or misunderstanding of legal principles with respect to the acquittal portion of the judgment prior to the remand.

E. Therefore, since the judgment of not guilty in the judgment of the court prior to remand became final and conclusive separately by the Supreme Court’s dismissal judgment, the subject of the judgment of this court is limited to the violation of the High Education Act due to the violation of corrective order (Article 1-A of the crime in the judgment of the court below), and the violation of the High Education Act due to the operation of an unregistered school (Article 2-2 of the crime in the judgment of the court below).

2. The gist of the grounds for appeal;

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