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(영문) 대법원 2016.03.24 2016도86
게임산업진흥에관한법률위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons stated in its reasoning, the lower court determined that the Defendant, as stated in the judgment of the first instance court, has overall control over the Chinese teachers’ overall sales of the Internet gambling site operation organization and obtained profits equivalent to the amount indicated in its holding, and rejected the allegation of the grounds for appeal for mistake of fact-finding.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court’s fact-finding, and is merely an error of the lower court’s determination on the selection and probative value of evidence belonging to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of free conviction doctrine contrary to logical and empirical rules, or by misapprehending the legal doctrine on the additional collection of a violation of

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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