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(영문) 대법원 2015.08.27 2014도13462

사기

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, the lower court is justifiable to have determined that the instant facts charged (excluding the part not guilty in the grounds of appeal) is guilty

The court below did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles as to the establishment of fraud or by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal.

2. As to the grounds of appeal by the prosecutor, the gist of the grounds of appeal by the prosecutor is that the judgment of the court below is unlawful, inasmuch as the court below rendered a verdict of not guilty of this part of the charges by finding wrong facts in violation of the rules of evidence, despite the fact-finding, despite the fact-finding that the prosecution

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof belong to the exclusive authority of the fact-finding court unless they exceed the bounds of the principle of free evaluation of evidence, and the ground of appeal is merely a dispute over the fact-finding belonging to the exclusive authority of the court below and it

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but there is no indication of the grounds for appeal in the petition of appeal and no statement of the grounds for appeal is found in the appellate brief.

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