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(영문) 대법원 2021.01.14 2020도15369
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court found the Defendant guilty of the instant charges on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the grounds for exclusion of judges.

In principle, whether to adopt the evidence as evidence is not necessary by the court at the discretion of the court.

In determining a person, an investigation may not be conducted (see Supreme Court Decision 2010Do7947, Jan. 27, 2011, etc.). Thus, even if the lower court did not accept the Defendant’s application for witness, it cannot be deemed unlawful.

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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