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(영문) 대법원 2014.06.12 2013도16385
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s ground of appeal, the argument that there was an error of mistake or misapprehension of legal principles as to fraud among the facts charged in the instant case is not a legitimate ground of appeal, since the Defendant’s ground of appeal is the ground of appeal or the lower court’s decision did not consider it as subject to ex officio.

Furthermore, even in examining records, the lower court did not err by misapprehending the legal doctrine as otherwise alleged by the defense counsel.

2. Examining the reasoning of the lower judgment in light of the records, we affirm the lower court’s judgment that found the Defendant guilty on the charge of forging private documents and uttering of falsified investigation documents among the facts charged in the instant case on the grounds stated in its reasoning and found the Defendant not guilty. In so doing, contrary to what is alleged in the grounds of appeal, 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

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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