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(영문) 대법원 2020.11.26 2020도12048
방문판매등에관한법률위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the prosecutor’s grounds of appeal, the lower court acquitted Defendant B on the ground that there was no proof of crime as to the facts charged against Defendant B (excluding the part judged not guilty in the first instance trial).

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err 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 establishment of joint principal offenders.

2. As to the grounds of appeal by Defendant C and A, the lower court convicted Defendant C and A of the facts charged (excluding the part not guilty) on the grounds as indicated 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 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 establishment of joint principal offenders.

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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