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(영문) 대법원 2016.11.25 2016도3579

위증

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court and the first instance court, it is justifiable for the lower court to have convicted the Defendant of all of the charges in this case

The court below did not err by misapprehending the facts beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. As to the prosecutor’s grounds of appeal, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime regarding the acquittal of the first instance court among the facts charged in this case

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, and exceeding the bounds of the principle of free evaluation of evidence.

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