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(영문) 대법원 2013.06.27 2013도1178
방문판매등에관한법률위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant D in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, the court below is just in finding the Defendant guilty of the facts charged in this case for the reasons as stated in its holding, and there is no error in the misapprehension of the rules of evidence or by misapprehending the legal principles on the establishment of joint principal offenders and the violation of the Door-to-Door Sales Act.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of

2. As to Defendant E’s grounds of appeal, the Defendant did not submit an appellate brief within the statutory period, and the petition of appeal does not contain any information in the grounds of appeal.

(3) The appeal against the above defendant shall be dismissed by the decision under Article 380 of the Criminal Procedure Act. However, the appeal shall be dismissed by the decision en bloc with Defendant D. Therefore, all appeals shall be dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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