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(영문) 대법원 2016.08.30 2016도8997
사기
Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined.
The recognition of facts and the selection and evaluation of evidence conducted on the premise thereof shall belong to the full power of the fact-finding court unless it goes beyond the limit of free evaluation of evidence.
The judgment below
In light of the record, even if examining the reasoning of the record, the lower court found the Defendant not guilty on the facts charged of this case on the ground that there was no proof of crime, thereby exceeding the bounds of the principle of free evaluation.
shall not be recognized.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.