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(영문) 대법원 2019.05.16 2019도1916

사기등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the lower court acquitted the Defendant on the ground that there was no proof of crime regarding the fraud of the victim G among the facts charged in the instant case, based on its stated reasoning.

The judgment below

Examining the reasoning in light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the intent of fraud.

2. As to the Defendant’s grounds of appeal, the lower court found the Defendant guilty of the violation of the Attorney-at-Law Act (excluding the part not guilty of orders) among the facts charged in the instant case

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 failing to exhaust all necessary deliberations and 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.

참조조문