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(영문) 대법원 2020.04.29 2020도2777
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 convicted all of the facts charged of this case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, 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 the establishment of fraud.

In principle, the progress of the trial proceedings and the adoption of the application for examination of evidence are matters in the discretion of the court. Thus, even if the first instance court and the lower court did not accept the application for witness of the defendant, it cannot be deemed unlawful

In addition, even upon examining the record, the first instance court and the lower court did not err by infringing on the Defendant’s right to defense and the right to assistance of a public defender, as alleged in the grounds 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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