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(영문) 대법원 2015.10.29 2015도2961
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, the lower court was justifiable to have found the Defendant guilty of the modified facts charged (excluding the portion of innocence) on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the bounds of the principle of free evaluation

2. Examining the reasoning of the lower judgment in light of the records, it is justifiable for the lower court to have maintained the first instance judgment that acquitted the Defendant on the ground that the act of forging private documents and uttering private documents among the facts charged in the instant case constitutes a case where there is no evidence of crime.

In so doing, contrary to what is alleged in the grounds of appeal, there is no error of law of free evaluation of evidence against logical and empirical rules.

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, there is no specific reason in the petition of appeal as to the guilty portion, and the appellate brief does not contain any grounds for objection.

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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