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(영문) 대법원 2016.10.13 2016도10681

위증

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant A in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that Defendant A was guilty of the facts charged in this case for the reasons indicated in its holding.

The court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. As to the prosecutor’s grounds of appeal, the lower court upheld the first instance judgment that acquitted Defendant B on the ground that there was no evidence to prove the facts charged in the instant case.

The judgment below

In light of the records, the above judgment of 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.

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