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(영문) 대법원 2016.10.27 2015도313
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

The judgment below

Of the “application of the law” of the grounds, the relevant law on the facts constituting the crime of 1.0.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court’s determination that the facts charged in relation to fraud and the facts charged in violation of the Livestock Products Sanitary Control Act (excluding the part on which the lower court acquitted the Defendant on the grounds of the lower judgment) is guilty is justifiable.

There is no error 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 crime of omission.

Therefore, the appeal shall be dismissed. Of the part of the reasoning of the judgment of the court below's reasoning, the "law applicable to the facts constituting an offense" and "the Livestock Products Sanitary Control Act" in Article 25 (1) of the former Livestock Products Sanitary Control Act (amended by Act No. 12672, May 21, 2014) are clearly erroneous in the entry of "the former Livestock Products Sanitary Control Act (amended by Act No. 12672, May 21, 201). It is so decided as per Disposition by

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