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(영문) 대법원 2019.01.31 2018도17877
전기통신사업법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning, the lower court was justifiable to have found the Defendant guilty of the instant facts charged (excluding the part on innocence) on the grounds stated in its reasoning.

In so doing, contrary to what is alleged in the grounds of appeal, there is no violation of the principle of free evaluation of evidence.

In addition, since the issue of whether to resume the oral argument that has been adopted or closed as evidence belongs to the court's discretion, it cannot be said that the court below rejected the defendant's application for resumption of oral argument after the closing of oral argument.

Meanwhile, the argument that the court below erred in the misapprehension of the legal principles as to the interpretation of Article 30 of the Telecommunications Business Act is not a legitimate ground for appeal, since the defendant's ground for appeal or the court below did not consider it as an object of ex officio.

Furthermore, even if examining ex officio, the lower court did not err as otherwise alleged.

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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