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(영문) 대법원 2016.02.18 2015도19672

사기등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower court, the lower court was justifiable to have determined that the lower court convicted all of the charges of fraud, fabrication of private documents under the J and the uttering of the aforementioned investigation documents on the grounds stated in its reasoning. In so doing, 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 exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on the constructive acceptance, or by omitting

In addition, the argument that the prosecution on fraud constitutes abuse of the right to institute a public prosecution is illegal, and it is not a legitimate ground for appeal as it is asserted by the defendant only when it comes to the final appeal that the defendant did not have the right to institute a public prosecution as a ground for appeal or

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