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(영문) 대법원 2015.01.29 2014도14582

사기

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The recognition of facts and the selection and evaluation of evidence, which are the premise thereof, are within the discretionary power of the fact-finding court unless they exceed the limit of the free evaluation of evidence.

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, the lower court’s determination that all the charges of this case were guilty on the grounds stated in its reasoning is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by failing to exhaust all necessary deliberations but exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine on

Other grounds for appeal by a defendant's defense counsel do not constitute legitimate grounds for appeal under Article 383 of the Criminal Procedure Act.

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