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(영문) 대법원 2016.10.13 2016도12114
결혼중개업의관리에관한법률위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by mistake of facts, violation of the rules of evidence, or misapprehension of legal principles is not a legitimate ground for appeal.

In addition, the provision of Article 10-2(1) and Article 26(2)4 of the Marriage Brokers Business Management Act, which provides for criminal punishment for violations of the obligation to provide personal information to international marriage brokers, shall not be deemed as a unconstitutional provision that infringes on the freedom of occupation choice and the right to equality of international marriage brokers mediating international marriage between Vietnames and Vietnams, or violates the right to equality and the right to pursue happiness of the general public who intend to marrys with Vietnams. Therefore, the argument that the above provision is unconstitutional cannot be accepted.

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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