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(영문) 대법원 2015.04.09 2014도15316
도박개장
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on Defendant A’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the Defendant was guilty of charges (excluding the part on acquittal in the grounds of appeal) on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical

On the other hand, the argument that the illegality is excluded as an act contrary to social norms is asserted by the court below, since the defendant's ground for appeal or the court below did not consider it as being subject to an ex officio determination, it cannot be a legitimate ground for appeal, and further, even if ex officio examination is conducted, it did not err in the judgment below as otherwise alleged.

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court is justifiable to have rendered a not-guilty verdict on the charge of Defendant B, on the grounds as stated in its reasoning, on the ground that it does not constitute a crime against Defendant B, and there is no error of misapprehending the legal doctrine on

3. 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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