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(영문) 대법원 2014.07.24 2014도6470

사기미수등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, although the court of first instance that found the Defendant guilty of each of the facts charged in the statement of grounds for appeal alleged that there was an error of misunderstanding of facts in the judgment of the court of first instance, the court below held that the Defendant’s grounds for appeal only deemed the Defendant’s grounds for appeal to be unreasonable, and did not render any judgment as to the aforementioned argument of mistake

However, in light of the evidence duly adopted by the court of first instance, maintaining the judgment of the court of first instance that the court below found all of the facts charged of this case guilty is justifiable in its conclusion. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, and thus, the omission of the judgment by the court of

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