logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2017.06.15 2017도3359
방문판매등에관한법률위반
Text

All appeals are dismissed.

Reasons

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

1. As to the grounds for appeal by a defendant, since the court of final appeal ex post facto examines the decision of the appellate court, matters which are not subject to adjudication at the appellate court are not subject to the scope of deliberation on appeal, and thus, it cannot be the grounds for appeal as to the grounds other than those which the defendant did not assert as the grounds for appeal at the appellate court or which are subject to adjudication at the appellate court’s discretion (see Supreme Court Decision 99Do2831, Mar. 28, 2000). The grounds for appeal by the defendant are asserted in the summary of oral argument submitted by a defense counsel at the court of final appeal on January 24, 2017, which was submitted after the lapse of the period for submission of the grounds for appeal by the defense counsel at the court of final appeal, or that the defendant was not subject

2. On the grounds of the prosecutor’s appeal, the court below reversed the judgment of the court of first instance which found the Defendant guilty on the grounds that there was no proof of the relevant crime as to Article 1(1) through 622 of the List of Crimes in Attached Table Nos. 1 through 622 as indicated in the judgment of the court below among the facts charged in this case and Article 1(1) through 188 of the List of Crimes in Attached Table No. 1 as indicated in the judgment of the court below.

The judgment below

In light of the records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the relevant legal principles.

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

arrow