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(영문) 대법원 2020.09.03 2018도13166
국민체육진흥법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court reversed the first instance judgment that found the Defendants guilty on the ground that, on the premise that, other than the specific facts of aiding and abetting in writing the facts charged, specific facts meeting the composition of the principal offender, which is the premise thereof, are specified in the facts charged, since specific facts meeting the composition of the principal offender in the instant facts charged against the Defendants, who are aiding and abetting, are not specified and thus, the indictment procedure is invalid in violation of the statutory provisions, and dismissed the prosecution against the Defendants

Examining the records in accordance with the relevant legal principles, the part of the lower court’s part of its reasoning includes the part that may cause misunderstanding that a crime using an Internet site requires the specification of physical place, as in the instant case, but the conclusion that the lower court determined that the instant facts charged against the Defendants were not specified is justifiable, and it did not err by misapprehending the legal doctrine on the specification of facts charged, thereby adversely affecting the conclusion

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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