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(영문) 대법원 2018.03.29 2018도1236
마약류관리에관한법률위반(향정)등
Text

All appeals are dismissed.

Reasons

The grounds for appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of the relevant crime regarding the violation of the Act on Promotion of the Game Industry Related to “C Game Industry” and the violation of the Act on Regulation and Punishment of Speculative Acts, Etc. among the facts charged in the instant case.

Even if examining the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the grounds of appeal.

2. Examining the reasoning of the lower judgment’s appeal in light of the evidence duly admitted, the lower court is justifiable to have found the Defendant guilty of violating the Act on Promotion of the Game Industry Related to K Game Industry Promotion and the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. among the instant charges.

Contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the rules of evidence.

3. 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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