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(영문) 대법원 2019.03.14 2018도14803

사기등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s grounds of appeal, the lower court, on the grounds indicated in its reasoning, found the Defendant not guilty on the part concerning fraud among the instant facts charged, on the ground that there was no proof of crime, but acquitted some victims of the charges

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on the intent of aiding and abetting a crime, contrary to what is alleged in the grounds of appeal

2. As to the prosecutor’s grounds of appeal, the lower court acquitted the Defendant on the instant facts charged (excluding the part concerning the charge) on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by violating the rules of evidence.

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