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(영문) 대법원 2013.04.26 2012도13839

사기

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court rejected the Defendant’s appeal claiming a misunderstanding of facts against the first instance judgment which found the Defendant guilty of the instant facts charged (excluding the acquittal portion) and maintained the first instance judgment as it is.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on the presumption of innocence and the Infant Care Act, thereby failing to exhaust all necessary deliberations, exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, and thereby adversely affecting the conclusion of the judgment, as alleged in the grounds of appeal.

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

참조조문