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(영문) 대법원 2016.05.12 2014도14842
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that Defendant A was guilty of all of the facts charged in this case (excluding the portion not guilty in the lower court) on the grounds indicated 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 free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine

2. As to the reasons for the prosecutor’s appeal, the lower court reversed the first instance judgment convicting the Defendants on the charge of this case (excluding the part of conviction against Defendant A) on the ground that there was no proof of crime, and sentenced them not guilty.

The judgment below

In light of the records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, the 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 relevant legal principles.

On the other hand, the prosecutor appealed the remaining convictions against Defendant A among the judgment below, but it cannot be seen that there is no reason to object to the final appeal and the final 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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