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(영문) 대법원 2020.06.25 2020도4138
컴퓨터등사용사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court upheld the first instance judgment convicting Defendant A of the facts charged, on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on joint robbery

2. The lower court affirmed the first instance judgment that acquitted Defendant B of violation of the Punishment of Violences, etc. Act (joint conflict) among the facts charged against Defendant B, 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 in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the meaning of “joint principal” under Article 2(2) of the Punishment of Violences, etc. Act, and by misapprehending the legal doctrine on joint principal offenders.

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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