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(영문) 대법원 2018.06.15 2018도4607

사기등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal filed by Defendant E, after the lapse of the period for submitting the grounds of appeal).

1. As to the grounds for Defendant A’s appeal, the lower court maintained the first instance judgment that found Defendant A guilty of all the charges of this case against the above Defendant on the grounds stated in its reasoning.

The judgment below

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on joint principal offenders.

2. As to the grounds of appeal by Defendant E, the lower court maintained the first instance judgment that found Defendant E guilty of all the charges of this case against the above Defendant on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there is no violation of the principle of free evaluation of evidence against logical and empirical rules.

3. As to the grounds for appeal by Defendant N,O, P, and R, the lower court maintained the first instance judgment convicting the above Defendants of all the charges of this case, on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on negligence.

In addition, since the adoption of the above defendants' motion for examination of evidence or the resumption of the closed argument belongs to the court's discretion, the court below rejected the above defendants' motion for resumption of argument after the closure of argument.

(b).