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(영문) 대법원 2015.1.29.선고 2014도13647 판결

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Cases

2014Do13647 Fraudulent

Defendant

1. A;

2. B

3. C

Appellant

Defendants

Defense Counsel

S. Law Firm

Attorney T (for the defendant A)

Law Firm V

[Defendant] Defendant C]

The judgment below

Seoul Central District Court Decision 2014No1529 Decided September 26, 2014

Imposition of Judgment

January 29, 2015

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have found the Defendants guilty of the facts charged on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by exceeding

Furthermore, in light of the records, although it can be known that Defendant C has a certain degree of hearing impairment, there is no evidence to acknowledge that Defendant C has the function of producing foods together. Therefore, the court below is just in failing to reduce the reduction of deaf-mutes as prescribed in Article 11 of the Criminal Act, and there is no error of misapprehending the legal principles as to mitigation of deaf-mutes or omitting judgment, contrary to the allegations in the grounds of appeal by Defendant C.

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

Judges

Justices Lee Jae-soo

Justices Kim Yong-deok

The Chief Justice Park Jae-young

Justices Kim Gin-young

심급 사건
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