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(영문) 대법원 2013.04.11 2012도16241
절도등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Examining the reasoning of the lower judgment on the Defendant’s ground of appeal in light of the evidence duly admitted by the lower court, the lower court, on the grounds stated in its reasoning, found the Defendant guilty of each of the instant charges of larceny against the victim H, fraud against the victim K, embezzlement, fabrication of each private document under X, and the uttering of each of the above investigation documents. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of logic and experience, by exceeding the bounds of the principle of free evaluation of evidence, the status of custodian in the crime of embezzlement, or by misapprehending the

In addition, considering the reasoning of the judgment below in light of the records, the court below's rejection of the defendant's claim on the mental and physical disorder based on the circumstances as stated in its holding, and there is no error of law such as incomplete hearing or misunderstanding of legal principles as

Meanwhile, the remaining grounds of appeal are not legitimate grounds of appeal, as they are alleged in the grounds of appeal that the defendant did not consider it as grounds of appeal or as subject to judgment ex officio by the court below.

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court is acceptable to have rendered a not-guilty verdict on the charge of fraud against the victim C among the facts charged in the instant case, fabrication of private documents in the name of the victim AV, and uttering of each of the above investigation documents, on the grounds as stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors

3. The final appeals are all filed.

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