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(영문) 대법원 2019.05.30 2018도19981
보안관찰법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court found the Defendant guilty of the instant charges on the grounds that Article 6(1) of the Security Surveillance Act exceeded the bounds of delegated legislation or does not violate the principle of no punishment without law.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower judgment did not err by misapprehending the legal doctrine regarding the limitation of delegated legislation, “justifiable cause” as stipulated in Article 27(2) of the Security Surveillance Act, and types of civil appeals, or by violating the principle of clarity derived from the principle of no punishment without law.

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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