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(영문) 대법원 2016.06.09 2015도20427
초ㆍ중등교육법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds stated in its reasoning.

In particular, according to the records, the educational facilities of this case, as indicated in the judgment of the court below, are subject to the authorization of a comprehensive private teaching institute by restricting the course of study to language, music, and art, and are operating in the form of “in fact” in the form of an international school or foreigners’ school by providing the curriculum by keeping the school organization for students who do not attend a domestic school.

In full view of these circumstances, the lower court erred by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violation of Article 67(2)1 of the Elementary and Secondary Education Act, and the intentional act and perception of illegality, contrary to what is alleged in the grounds of appeal.

shall not be recognized.

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

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