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(영문) 대법원 2015.08.27 2015도5373

사기

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have determined that all of the charges of this case (excluding the acquittal portion) were guilty on the grounds as indicated 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

2. Examining the reasoning of the lower judgment in light of the records, we affirm the lower court’s judgment that found the Defendant guilty on the ground that there was no proof of the crime regarding the fraud of April 25, 2006 among the facts charged in the instant case, and therefore, it is tenable to reverse the first instance judgment and render a acquittal. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not exhaust all necessary deliberations, and did not err by exceeding the bounds of the principle

In addition, although the prosecutor submitted a written appeal to the effect that he/she is dissatisfied with the guilty portion of the judgment below, the prosecutor did not state the grounds for appeal in the written appeal and did not state the grounds for appeal as to that portion in the written appeal. Therefore,

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