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(영문) 대법원 2013.10.24 2013도7974
식품위생법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the Defendants guilty of violating the Juvenile Protection Act among the facts charged in this case, and 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 and free evaluation of evidence.

On the other hand, the argument that the criteria such as revocation of business permission for violations of law by karaoke machine business operators and karaoke machine business operators are different is unconstitutional since it violates equality rights or freedom to choose occupation, cannot be viewed as assertion of illegality in the application of criminal penal provisions.

Therefore, Defendant E’s aforementioned assertion does not constitute a legitimate ground for appeal under Article 383 of the Criminal Procedure Act.

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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