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(영문) 대법원 2013.05.09 2012도15410

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the first ground of appeal in light of the evidence duly admitted by the lower court, it is justifiable to have determined that the lower court convicted Defendant A of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the law on logic and experience and by misapprehending

2. Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below as to the second ground of appeal, it is just to reverse the judgment of the court of first instance which acquitted the Defendants on the ground that the court below acknowledged the part of the charge of ordinary traffic obstruction as to the Defendants among the charges of this case, and to find them guilty. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the law of logic and experience and exceeding the bounds of the principle

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