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(영문) 대법원 2016.05.27 2016도2678
농업협동조합법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Although examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal based on evidence, the lower court found Defendant A guilty of violating the Agricultural Cooperative Act with respect to M and P among the facts charged in the instant case, and did not err by misapprehending the bounds of free evaluation of evidence in violation of logical and empirical rules, contrary to what is alleged in the grounds of appeal.

2. On the grounds of the prosecutor’s appeal, the lower court affirmed the first instance judgment that acquitted Defendant A on the grounds that there was no proof of the crime regarding the violation of the Agricultural Cooperative Act against H and I among the facts charged in the instant case against Defendant A and the facts charged in the instant case against Defendant B.

The judgment below

In light of the record, the lower court did not err by misapprehending the legal doctrine on “the purpose of election” in the crime of violating the Act on Agricultural Cooperatives, contrary to what is alleged in the grounds of appeal, by exceeding the bounds of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine on “the purpose of election” in the crime of violating the Act

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but there is no indication of the grounds for appeal in the petition of appeal and there is no indication of the grounds for appeal in the statement of reasons for appeal.

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

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