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(영문) 대법원 2017.01.25 2016도6380
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment’s appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of the modified facts charged (excluding the portion not guilty of the lower court) on the grounds indicated in its reasoning, and it did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules.

2. Examining the reasoning of the lower judgment in light of the record, it is justifiable for the lower court to have found the Defendant not guilty on the charge of fraud against the victim G among the facts charged in the instant case, on the grounds stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on admissibility of evidence

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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