logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.04.28 2016도2821
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning, the court below’s determination that all of the facts charged in this case is justified for the reasons indicated in its holding.

The court below did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal principles as to joint principal offenders in fraud, contrary to what is alleged in the grounds of appeal.

In addition, the argument that the judgment of the court below is erroneous in the misapprehension of the rule of exclusion of illegally obtained evidence as provided in Article 308-2 of the Criminal Procedure Act and the evidence without admissibility is admitted as evidence for conviction cannot be a legitimate ground for appeal as it goes before the court of final appeal, and even after examining the record, there is no error of law that affected the conclusion of the judgment by mistake as alleged above.

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

arrow