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(영문) 대법원 2019.07.10 2019도5269
절도등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court reversed the first instance judgment that found the Defendant guilty on the part of unlawful uttering of official documents among the facts charged in the instant case on the grounds that there is no proof of crime.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on amendments to indictment.

On the other hand, the prosecutor appealed the guilty portion of the judgment of the court below, but does not indicate the grounds of objection against the petition of appeal and the appellate brief.

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

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