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(영문) 대법원 2016.04.28 2016도951
증거위조등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. 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 modified charges of this case on the grounds stated in its reasoning. In so doing, the lower court did not err by misapprehending the bounds of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the grounds of appeal.

2. Examining the reasoning of the judgment of the court below in light of the records, it is just that the court below affirmed the judgment of the court of first instance which acquitted Defendant A of all the facts charged against Defendant A on the grounds that there is no evidence of crime, and contrary to the allegations in the grounds of appeal, it did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, as alleged in the grounds of appeal.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the prosecutor did not state the grounds for appeal as to the guilty portion and did not state the grounds for appeal in the notice of appeal.

3. 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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