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(영문) 대법원 2019.10.31 2019도9297
저작권법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the prosecutor’s grounds of appeal, the lower court upheld the first instance judgment that acquitted Defendant B and C on the ground that there was no proof of crime as to each of the facts charged against Defendant B and C.

The judgment below

Examining the reasoning in light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on joint principal offenders.

2. On the grounds of appeal by Defendant A, the lower court convicted Defendant A of violating the Act on Regulation and Punishment of Criminal Proceeds Concealment among the facts charged against Defendant A (hereinafter “the Act on Regulation of Criminal Proceeds Concealment”).

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the specification of “criminal proceeds”, “the purpose of pretending as legitimately acquired property”, and “harbor” as prescribed by Article 3(1)3 of the Regulation on

3. As to the Defendant D’s grounds of appeal, the lower court convicted Defendant D of the facts charged on the grounds as stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on joint principal offenders

4. 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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