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(영문) 대법원 2018.01.25 2017도19284
전기통신사업법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For reasons indicated in its holding, the court below reversed the judgment of the court of first instance that found the Defendant guilty on the ground that there was no evidence of a crime against the violation of telecommunications re-transmission 1 through 3, 12 through 21, 34 through 38, 41 through 46, 83 through 93, 95 through 103, 117 through 120, 137 through 145, 147 through 174, 176 through 182, 223, 224, 226 through 228, 231 through 242, 269 through 279, 281 through 299, 302, 311 through 339, 341, 371 through 379 among the facts charged in this case.

The judgment below

Examining the reasoning of the judgment below in light of the records, the above determination is justifiable, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the crime of violating

On the other hand, the prosecutor appealed to the entire judgment of the court below, but did not present the grounds for appeal.

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

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