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(영문) 대법원 2016.03.10 2015도9217
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted and examined by the lower court, it is justifiable to reverse the first instance judgment convicting the Defendant on the charge of fraud among the facts charged in the instant case on the grounds stated in its reasoning and to render a verdict of innocence. In so doing, the lower court did not err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, thereby exceeding the bounds of the principle of free evaluation by violating logical and empirical rules.

On the other hand, the prosecutor appealed the remaining guilty portion of the judgment of the court below, but there is no indication of the grounds for appeal in the petition of appeal and there is no indication of the grounds for appeal in the petition of appeal.

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted and investigated by the lower court, the lower court was justifiable to have found the Defendant guilty of violating the principle of free evaluation of evidence against the law of logic and experience, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules.

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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