logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2019.10.31 2019도10141
방문판매등에관한법률위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the court below acquitted the prosecutor on the ground that there was no proof of crime as to the violation of the Door-to-Door Sales Act due to the act imposing a burden among the facts charged of this case

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 relevant legal doctrine.

The Prosecutor appealed the entire judgment of the court below, but the remaining parts are not indicated in the petition of appeal or the appellate brief.

2. As to the Defendant’s grounds of appeal, the lower court found the Defendant guilty of the facts charged in the instant case (excluding the part of not guilty and not guilty of grounds).

The judgment below

Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court did not exhaust all necessary deliberations, and 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 specification of facts charged, number of crimes, co-principals, evidence trial principle, and Article 13(1)1 of the former Food Sanitation Act (Amended by Act No. 15484, Mar. 13, 2018) and Article 18(1)1 of the former Health Functional Foods Act (Amended by Act No. 15480, Mar. 13, 2018). In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules,

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow