beta
(영문) 대법원 2020.02.06 2019도17669

사기등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court found the Defendant guilty of the instant charges on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on aiding and abetting and aiding.

The argument that the defendant's act constitutes a justifiable act is not a legitimate ground for appeal since the defendant's ground for appeal or the court below did not consider it as a subject of judgment ex officio.

Furthermore, even in light of the relevant legal principles and evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on the justifiable act.

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