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(영문) 대법원 2017.11.09 2017도12340
방문판매등에관한법률위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that the Defendants were guilty of all of the violation of the Door-to-Door Sales Act and the violation of the Act on the Regulation of Door-to-Door Sales, etc. and Similar Receiving Act among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, it did not err by exceeding the bounds of free evaluation of evidence in violation

2. Examining the reasoning of the lower judgment in light of the record, it is justifiable for the lower court to have maintained the first instance judgment that acquitted the Defendants on the grounds that there was no proof of crime regarding the fraud among the facts charged in the instant case against the Defendants, on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal doctrine on willful negligence in fraud.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not indicate the grounds of objection against the petition of appeal or the reasoning of appeal.

3. 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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