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(영문) 대법원 2015.03.12 2014도13481
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s appeal, the Defendant did not submit an appellate brief within the statutory period, and the Defendant did not state the grounds for objection in the petition of appeal.

2. On the grounds of appeal by the prosecutor, the lower court reversed the first instance judgment convicting the Defendant on the ground that there was no proof of crime regarding the fraud from January 29, 2008 to April 30, 2008 among the facts charged in the instant case, and acquitted the Defendant.

Examining the record, the above determination by the court below is just, and there is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or of misapprehending the legal principles on the determination of credibility of confession.

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but there is no statement in the petition of appeal or appellate brief that there is no objection against it.

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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