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(영문) 대법원 2016.01.28 2015도8543
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to the grounds for appeal by the Defendant, the lower court, on the grounds indicated in its reasoning, found the Defendant guilty of each of the following facts: (a) the use of each private document in question around September 22, 201 among the facts charged; (b) the use of each private document around September 23, 201; (c) the use of each private document in question around October 18, 201; (d) the use of each private document in question around October 31, 201; (e) the use of each private document in question around November 1, 201; (e) the use of each private document in question around November 4, 201; (e) the use of each private document in question; and (e) the forgery of a private document in question and the use of the document in question on March 23, 2012, contrary to what is alleged in its reasoning or appeal.

2. Examining the reasoning of the lower judgment in light of the record, it is justifiable to reverse the first instance judgment convicting the Defendant on the ground that there was no proof of crime as to each of the facts charged in the instant case’s fraud, and the fabrication of private documents and the uttering of the above investigation document on March 23, 2012, based on the reasoning 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 against logical and empirical rules, or by failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal.

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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