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(영문) 대법원 2016.08.30 2016도9988

사기

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The recognition of facts and the selection and evaluation of evidence conducted on the premise thereof shall belong to the full power of the fact-finding court unless it goes beyond the limit of free evaluation of evidence.

The judgment below

In light of the record, the lower court erred by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules in determining that the charged facts of this case were not proven, even if having examined the reasoning of the record.

is not recognized.

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