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(영문) 대법원 2019.09.26 2019도10494
무고
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. On the grounds of appeal by the Defendant, the lower court found the Defendant guilty on February 24, 2014 regarding G and H among the facts charged in the instant case on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on false perception in the crime of

2. On the grounds stated in its reasoning, the lower court rendered a not guilty verdict on the grounds that there was no proof of crime as to the portion of the instant facts charged on October 31, 2013 and the second accusation on February 24, 2014 among the instant facts charged, on the grounds that there was no proof of crime.

The judgment below

Examining the reasoning in light of the relevant legal principles and the record, the lower court did not exhaust all necessary deliberations, but did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of

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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