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(영문) 대법원 2016.10.27 2016도10771
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that Defendant A was guilty of the instant facts charged (excluding the part not guilty in the grounds of appeal) on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence

2. Examining the grounds of appeal by Defendant B in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that Defendant B was guilty of this case’s facts charged (excluding the part not guilty in the grounds of appeal) on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by

3. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, it is justifiable for the lower court to have maintained the first instance judgment that found the Defendants not guilty of the charges of this case (excluding the portion guilty) on the grounds as stated in its reasoning, on the ground that there is no proof of crime. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds

On the other hand, the prosecutor appealed each of the convictions against the Defendants among the judgment below, but there is no indication of the grounds for appeal in the petition of appeal nor any statement of the grounds for appeal as to the grounds for appeal.

4. Therefore, the appeal is dismissed.

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