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(영문) 대법원 2018.10.04 2018도6241
방문판매등에관한법률위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. While examining the reasoning of the lower judgment regarding Defendant A and F’s grounds for appeal in light of the relevant legal doctrine and the evidence duly admitted, the lower court, which found Defendant A and F guilty of all the charges of this case on the grounds stated in its reasoning, did not err by misapprehending the legal doctrine on the crime of violating the Door-to-Door Sales, etc. Act, contrary to what is alleged in the grounds of appeal.

2. As to Defendant E’s final appeal, Defendant E did not submit a written reason for final appeal within the submission period of the written reason for final appeal, and Defendant E did not state the grounds for final appeal in the final appeal.

3. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment convicting Defendant G and H on the ground that there was no proof of crime as to the violation of the Door-to-Door Sales Act jointly with Defendant G and H among the facts charged against Defendant B, C and D and the facts charged against Defendant G and H, and acquitted the Defendant.

In light of the record, the lower court did not err by misapprehending the legal doctrine on the crime of violating the Door-to-Door Sales, etc. Act, contrary to what is alleged in the grounds of appeal.

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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