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(영문) 대법원 2013.12.12 2013도11386

무고등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime regarding the non-guilty charge of the instant facts charged.

The judgment below

In light of the records, the above determination by the court below is just and acceptable. Contrary to the allegations in the grounds of appeal, the court below did not exhaust all necessary deliberations, but did not err in exceeding the bounds of the principle of free evaluation of evidence.

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

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