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(영문) 대법원 2013.11.28 2013도6768

무고교사등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant D and E’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have convicted Defendant D and E of the facts charged of this case (excluding the portion not guilty of the lower court) on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the rules of logic and experience

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the record, the lower court is justifiable to have acquitted the Defendants of the instant facts charged (excluding the part on which the lower court found the Defendants guilty) on the grounds as stated in its reasoning on the grounds that there was no proof of the relevant facts charged. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors 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.