beta
(영문) 대법원 2018.12.27 2018도15656

사문서위조등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the record on the grounds of appeal by the Defendant, the Defendant appealed against the judgment of the first instance, and asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the court below erred in violation of the rules of evidence, hearing failure, and deviation from the limits of free evaluation of evidence is not a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment regarding the prosecutor’s appeal in light of the record, it is justifiable for the lower court to have maintained the first instance judgment that acquitted the prosecutor of the instant facts charged (excluding the portion guilty) on the grounds as stated in its reasoning.

Contrary to the allegations in the grounds of appeal, the appeal did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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