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(영문) 대법원 2016.07.29 2016도7152
사문서위조등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A’s grounds for appeal in light of the evidence duly admitted by the lower court and the first instance court, it is justifiable for the lower court to have convicted Defendant A of all of the facts charged in the instant case of each of the facts charged against Defendant A, on the grounds indicated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules,

2. Examining the reasoning of Defendant C’s appeal 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 found Defendant C guilty of the facts charged in this case on the grounds stated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules

3. As to the reasons for the prosecutor’s appeal, the lower court reversed the first instance judgment convicting Defendant A on the ground that there was no proof of crime regarding the exercise of the aforementioned investigation documents among the facts charged in the instant case, and sentenced Defendant A not guilty.

The judgment below

Examining the reasoning in light of the record, 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 free evaluation of evidence against logical and empirical rules.

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

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