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(영문) 대법원 2018.05.15 2018도3218
유사수신행위의규제에관한법률위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of appeal by the Defendant in light of the evidence duly admitted, the lower court is justifiable to have found the Defendant guilty of the instant facts charged (excluding the part not guilty of the reasoning) on the grounds as

Contrary to the allegations in the grounds of appeal, there is no error of law by misunderstanding facts beyond the bounds of free evaluation of evidence against logical and empirical rules or by misapprehending relevant legal principles.

2. As to the reasons for the prosecutor’s appeal, the lower court reversed the first instance judgment convicting the Defendant of the instant facts charged (excluding the conviction portion) on the grounds that there was no proof of crime, and acquitted the Defendant on the grounds of its reasoning.

The judgment below

Examining the reasoning of the judgment below in light of the records, the above judgment of the court below is justifiable.

Contrary to the allegations in the grounds of appeal, there is no error of misapprehending the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or violating the principle of court-oriented trial and the principle of direct examination.

Meanwhile, although the prosecutor appealed against the entire judgment of the court below, the prosecutor did not state the grounds for appeal as to the guilty portion, nor did he state the grounds for appeal in the notice 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.

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