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(영문) 대법원 2016.08.17 2016도1880
담배사업법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of Defendant A’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court is justifiable to have determined that Defendant A was guilty of aiding and abetting a violation of the Tobacco Business Act, which is the ancillary charge of the instant case, for the reasons indicated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, by misapprehending the logical and empirical rules and exceeding the bounds of free evaluation of evidence, or by misapprehending the legal doctrine as to the intent of an aiding

2. Examining the reasoning of the judgment below as to the prosecutor's appeal in light of the records, the court below is just in finding the Defendants not guilty of the violation of tobacco business due to the operation of unregistered tobacco wholesale business among the facts charged in this case, on the grounds as stated in its reasoning, since the Defendant's case is not a crime or there is no proof of criminal facts, and as to the violation of tobacco business due to the sale of tobacco jointly with the unregistered retailers, it constitutes a case without proof of criminal facts. In so doing, contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of logic and experience, exceeding the bounds of free evaluation principle, or by misapprehending

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not indicate the grounds of appeal against the petition of appeal or the reasons 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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