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(영문) 대법원 2016.10.27 2016도12626
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime regarding the fraud of the instant facts charged as of December 31, 2014 and January 5, 2015.

The judgment below

In light of the record, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine on Article 314 of the Criminal Procedure Act, contrary to what is alleged in the grounds of appeal

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the guilty portion is not indicated in the petition of appeal, and the appellate brief does not state the grounds for appeal.

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

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