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(영문) 대법원 2016.09.08 2016도10093

특정경제범죄가중처벌등에관한법률위반(사기)등

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 ground of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have determined that all facts charged of the Defendant’s guilty portion are recognized on the grounds as stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by violating logical and empirical rules and exceeding the bounds

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court is justifiable to have rendered a not-guilty verdict on the charge of forging and uttering of private documents in the name of BD, CG, EI, AO, and H among the facts charged in the instant case, on the grounds as indicated in its reasoning, on the ground that there is no proof of facts constituting a crime. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle

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