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(영문) 대법원 2016.11.09 2016도13748
국민체육진흥법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant AP’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have convicted Defendant AP of charges on the grounds indicated in its reasoning, and 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 and empirical rules,

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 reverse the first instance judgment convicting Defendant A on the grounds that the violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment among the facts charged against Defendant A is not a crime or there is no proof of a crime. 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

On the other hand, the prosecutor filed an appeal against the guilty portion of the judgment below, but there is no specific ground of appeal as to this portion in the petition of appeal or appellate brief.

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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