logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2015.10.15 2015도12539
게임산업진흥에관한법률위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court, it is justifiable for the lower court to additionally collect KRW 291,840,540 from the Defendant on the charge of violating the Act on Promotion of the Game Industry among the facts charged by Seoul Central District Court 2015Da2242, on the grounds indicated in its reasoning. In so doing, it did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical

2. Examining the reasoning of the lower judgment in light of the record as to the prosecutor’s grounds of appeal, the lower court was justifiable to have determined that there was no proof of crime regarding the violation of the Act on the Promotion of Game Industry by Unlawful Exchange before November 2012 and the Act on the Regulation and Punishment of Criminal Proceeds Concealment before November 2012 among the facts charged by the Seoul Central District Court 2014Kadan8170, and acquitted the Defendant on the charge of violation of the Act on the Promotion of Game Industry by Illegal Exchange. In so doing, 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 principles on the calculation of money exchange and additional collection charges, without failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal.

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

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

arrow