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(영문) 수원지방법원 2017.10.13 2017노1777
사립학교법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Progress of judgment;

A. On October 16, 2013, the lower court found the Defendant guilty of the charges 1 to 5, 7, 9, and 12, among the facts charged in the instant case as indicated in the lower judgment, and found the Defendant not guilty of the charges 6, and 8, the lower court sentenced the Defendant to one year and two years of suspended execution.

On the other hand, the defendant appealed each on the grounds of mistake of facts, misunderstanding of legal principles, and misunderstanding of sentencing, and unfair sentencing.

B. On September 4, 2014, the lower court accepted the Defendant’s assertion of legal error in the misapprehension of the legal doctrine, and reversed the lower judgment and rendered a judgment of not guilty.

In this regard, the prosecutor appealed on the part of not guilty of the facts charged in the above crime Nos. 6 and 8, on the ground of violation of the rules of evidence, on the ground of the violation of the rules of evidence, on the part of not guilty of the remaining facts charged.

(c)

The Supreme Court rejected the prosecutor's appeal as to the portion of innocence Nos. 6 and 8 of the crime list on March 15, 2017. However, in relation to the prosecutor's assertion of misapprehension of the legal principles as to the remaining portion of innocence, the Defendant's lending of income belonging to the school expenses of M foreigners' schools (hereinafter "M schools") to M foreigners' schools (hereinafter "O schools") to M foreigners' schools (hereinafter "O schools") is legally permitted, and it does not constitute a crime.

It was aware that it was wrong.

Even if there are reasonable grounds for such wrong perception

As such, the judgment of the party prior to the transmission cannot be seen as having erred by misapprehending the legal doctrine on errors in law, thereby adversely affecting the conclusion of the judgment.

After the judgment below, the part of the judgment of not guilty as to the crime list 1 through 5, 7, 9 through 12 in the judgment of the court prior to the remanding shall be reversed. This part shall be reversed, and it shall be reversed in its entirety the judgment prior to the remanding on the ground that the judgment of the court prior to the remand was not guilty on the grounds that the crime list 6, 8, and all the crimes were related to the crime group 6, and the crime group

2. Reasons for appeal.

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