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(영문) 대법원 2018.07.12 2018도6004

사기미수

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court reversed the first instance judgment that found the Defendant guilty on the facts charged of this case on the grounds that there is no proof of crime, and sentenced the Defendant not guilty.

Even if examining the record, the court below did not err in its determination by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal principles as to the principle of court-oriented trial and the principle of direct examination, contrary to what is alleged in the ground of appeal.

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