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(영문) 대법원 2013.12.26 2013도8149
사기미수등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the judgment below as to Defendant B’s grounds of appeal in light of the evidence duly admitted by the court below, the court below is just in finding the Defendant guilty of each of the facts charged in this case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, the court below did not err

2. As to the prosecutor’s grounds of appeal, the lower court upheld the first instance judgment that acquitted Defendant A of each of the charges of this case on the ground that there was no proof of crime.

The judgment below

Examining the reasoning in light of the record, 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.

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

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