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(영문) 대법원 2020.08.20 2020도5297
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Based on its stated reasoning, the lower court upheld the first instance judgment that acquitted the Defendant on the grounds that there was no proof of crime as to the part concerning fraud and attempted fraud among the facts charged in the instant case.

Examining the record in accordance with the relevant legal doctrine, the lower court 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 doctrine on joint principal offenders.

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the prosecutor did not indicate in the petition of appeal or the appellate brief the grounds of objection against the conviction.

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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