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(영문) 대법원 2020.03.12 2019도19033

사기등

Text

The appeal is dismissed.

Reasons

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

For the reasons indicated in its holding, the lower court upheld the first instance judgment that convicted all of the facts charged of this case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court 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 doctrine on the establishment of a crime of fraud and a violation of the Attorney-at-Law Act.

In addition, since the progress of the trial proceedings and the adoption of the application for examination of evidence belong to the court's discretion in principle, even if the court below rejected the application for fact-finding by the defendant, it cannot be said that the court below erred by infringing on the defendant's right to defense and the right

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

참조조문