logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.05.24 2016도2795
보건범죄단속에관한특별조치법위반(부정식품제조등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of Defendant B’s statement of grounds of appeal which was submitted after the deadline for submitting the grounds of appeal).

1. According to the records on the grounds of Defendant A’s appeal, Defendant A appealed against the judgment of the first instance, and Defendant A asserted only unfair sentencing on the grounds of appeal.

In such a case, the allegation that the lower court erred by mistake or misunderstanding of the legal doctrine is not a legitimate ground for appeal.

B. In examining the record, the lower court erred by misapprehending the legal principles such as the principle of statutory punishment, the principle of excessive prohibition, or the principle of presumption of innocence, thereby misunderstanding the facts.

subsection (b) of this section.

2. According to the records on the grounds of Defendant B’s appeal, Defendant B appealed against the judgment of the first instance, and only asserted the sentencing on the grounds of appeal.

In such a case, the allegation that the lower court erred by mistake or misunderstanding of the legal doctrine is not a legitimate ground for appeal.

In addition, the argument that Article 2 (2) of the Act on Special Measures for the Control of Public Health Crimes cannot be deemed as unconstitutional because the grounds pointed out in the grounds of appeal cannot be viewed as violating the principle of excessive prohibition. Therefore, the argument that the above provision of the Act is unconstitutional cannot be accepted.

3. As to the grounds for appeal by Defendant C, the lower court found Defendant C guilty of the altered charges on the grounds stated in its reasoning.

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the relevant legal doctrine, or by violating the principle of statutory punishment, the principle of excessive prohibition, and the presumption of innocence.

4. The reasoning of the lower judgment on Defendant D’s ground of appeal is the evidence duly admitted by the lower court.

arrow