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(영문) 대법원 2017.04.13 2016도21010

사기등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Review of the record on the grounds of Defendant B’s appeal reveals that Defendant B appealed against the judgment of the first instance, and only asserted the illegality of sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by misapprehending the legal principles or by misapprehending the legal principles due to the violation of the rules of evidence or the failure to examine is not a legitimate ground for appeal.

2. On the grounds of the prosecutor’s final appeal, the lower court upheld the first instance judgment that acquitted Defendant A on the ground that all of the charges of violating the Personal Information Protection Act and the charges of this case against Defendant I did not prove any crime among the charges modified against Defendant A, on December 2015, 2015.

The judgment below

In light of the records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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