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(영문) 대법원 2014.04.10 2013도16378
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to Defendant B’s appeal, the Defendant did not submit the appellate brief within the statutory period, and the Defendant did not state the grounds for objection in the petition of appeal.

2. As to the grounds of appeal by the prosecutor, although the defendants acknowledged the fact that they belong to the victims on the coal mining productivity and the ability to raise project funds, the court below erred by misapprehending the rules of evidence and acquitted the defendants of this part of the facts charged, and thus, it is unlawful.

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof are within the discretionary power of the fact-finding court unless it exceeds the limit of the free evaluation of evidence.

Even if examining the record, the court below cannot find out the reason that it exceeded the limit of the principle of free evaluation of evidence.

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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