beta
(영문) 대법원 2017.04.26 2017도3431

사기

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court was justifiable to have found the Defendant guilty of the instant facts charged (excluding the portion without charge) on the grounds stated in its reasoning.

In so doing, the lower court did not err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal and by misapprehending the bounds of free evaluation of evidence against logical and empirical rules.

2. The prosecutor's appeal is within the discretionary power of the fact-finding court unless the prosecutor's grounds of appeal are recognized and the selection and evaluation of evidence which is based on the premise thereof do not deviate from the limitation of free evaluation of evidence.

The judgment below

In light of the records, the court below's decision of not guilty of all frauds against the victim J among the facts charged in this case on the grounds as stated in its reasoning is acceptable.

In so doing, contrary to the allegations in the grounds of appeal, there were errors by exceeding the bounds of free evaluation of evidence against logical and empirical rules.

is not recognized.

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