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(영문) 대법원 2018.03.13 2017도21252

특정경제범죄가중처벌등에관한법률위반(사기)

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Examining the evidence duly adopted and examined by the lower court and the first instance court on the grounds of the Defendant’s appeal, the lower court was justifiable to have determined that the Defendant was guilty of the instant facts charged (excluding the portion not guilty of the grounds for appeal) on the grounds stated in its reasoning.

In doing so, there were no errors by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the probative value of evidence.

2. Examining the reasoning of the Prosecutor’s appeal, the lower court was justifiable to have rendered a not-guilty verdict on the facts charged of the instant case (excluding the guilty portion) on the grounds stated in its reasoning, deeming that there was no proof of

There is no error of exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending relevant legal principles.

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but there is no indication of the grounds for appeal in the petition of appeal and there is no indication of the grounds for appeal in the statement of reasons for appeal.

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