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(영문) 대법원 2017.09.07 2017도9028
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 B and C’s appeal in light of the evidence duly admitted, the lower court, on the grounds indicated in its reasoning, was justifiable to have convicted Defendant B and C of the charge of forging private documents, exercising the aforementioned investigation documents, and violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).

In so doing, the lower court did not err 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 the principle of trial on evidence, burden of proof, presumption of innocence, etc. without exhaust all necessary deliberations, as alleged

2. Examining the reasoning of the lower judgment on the grounds of Defendant D’s appeal in light of the evidence duly admitted, the lower court was justifiable to have convicted Defendant D of the charge of forging private documents, uttering of the investigation documents, and violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on the grounds of appeal on the grounds of the instant facts charged on the grounds of appeal

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on joint principals.

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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