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(영문) 대법원 2017.12.22 2017도17523
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted the Defendant of the instant facts charged (excluding the portion of conviction) on the ground that there was no proof of crime.

The judgment below

Examining the reasoning of the judgment below in light of the record, the above determination is justifiable, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, the prosecutor does not state the grounds of objection against the petition of appeal or the reasoning of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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