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(영문) 대법원 2017.02.15 2016도9561
위증
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court is justifiable to have determined that the Defendant was guilty of the instant facts charged (excluding the portion not guilty of the first instance court’s reasoning) for the reasons indicated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules, contrary

2. As to the prosecutor’s grounds of appeal, the lower court upheld the first instance judgment that acquitted the Defendant on the grounds that there was no proof of the relevant crime as to the acquittal portion of the reasons in the judgment of the first instance among the facts charged in the instant case.

The judgment below

In light of the records, the above judgment of the court below is just and it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to the allegations 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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