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(영문) 대법원 2015.12.10 2015도8208

사기

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant B’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found Defendant B guilty of the instant conjunctive charges on the grounds indicated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. Examining the reasoning of the lower judgment in light of the records as to the prosecutor’s grounds of appeal, the lower court is justifiable to have maintained the first instance judgment that acquitted the Defendants of all the primary charges of this case, as it is, and to have acquitted all the ancillary charges of Defendant A added by the lower court and the first ancillary charges of Defendant B, on the grounds as indicated in its reasoning.

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 against logical and empirical rules or by misapprehending the legal doctrine

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