beta
(영문) 대법원 2015.12.10 2015도6209

횡령등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the court below and the first instance court as to Defendant A’s grounds of appeal, the court below was justified in holding that the court below convicted Defendant A of forging private documents and uttering private investigation documents among the facts charged in the instant case on the grounds stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the relevant legal principles, thereby affecting the

2. On the grounds of appeal by the prosecutor, the court below reversed the judgment of the court of first instance which found the Defendants guilty on the grounds that there was no proof of crime as to the facts charged in this case (excluding the guilty part against Defendant A) and acquitted the Defendants.

Examining the record, the above determination by the court below is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the legal principles on deception and causation in fraud.

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