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(영문) 대법원 2018.10.25 2018도11738
기부금품의모집및사용에관한법률위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning, the lower court was justifiable to have found the Defendant guilty of violating the Act on the Collection and Use of Donations among the facts charged in the instant case on the grounds stated in its reasoning.

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on abuse of public prosecution rights, the scope of “donations” under Article 2 subparag. 1 of the Act on the Collection and Use of Donations, the burden of proof in criminal proceedings, relationship with persons, the principle of self-responsibility, and the principle of prohibition of extended interpretation, as alleged in the grounds of appeal.

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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