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(영문) 대법원 2018.08.01 2018도7936

위증등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the reasons for the prosecutor’s appeal, the lower court reversed the first instance judgment convicting the Defendant of the part of the facts charged against the instant perjury on the grounds that there is no proof of crime, and acquitted the Defendant on the part of the facts charged.

The judgment below

In light of the records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the crime of perjury

On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no evidence of objection to the remainder of the grounds of appeal.

2. Examining the reasoning of the lower judgment on the grounds of appeal by the Defendant in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the Defendant was guilty of the facts charged in this case (excluding the part not guilty of the reasoning

Contrary to the allegations in the grounds of appeal, there is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the legal principles on aiding and abetting perjury and perjury.

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