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(영문) 대법원 2014.09.04 2014도2759
무고등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court’s determination that the Defendant was guilty of both violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and larceny among the facts charged in the instant case on the grounds stated in its reasoning is justifiable. In so doing, it did not err by exceeding the bounds of the principle of free evaluation

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the record, the lower court was justifiable to reverse the first instance judgment and render a not-guilty verdict on the charge of breach of trust and accusation among the facts charged in the instant case on the grounds stated in its reasoning, on the grounds that there is no evidence of crime. In so doing, the lower court did not err by exceeding the bounds 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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