logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2017.08.18 2017도7645
특정경제범죄가중처벌등에관한법률위반(사기)등
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 as to Defendant B’s grounds for appeal, the lower court was justifiable to have determined that Defendant B was guilty of this case’s facts charged (excluding the part not guilty of the grounds for 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 misapprehending the legal doctrine by exceeding the bounds of the principle of free

2. Regarding the prosecutor's grounds for appeal

A. Examining the reasoning of the judgment of the court below in light of the records, it is just to reverse the judgment of the court of first instance that found Defendant A guilty on the ground that there was no proof of crime as to obstructing the performance of official duties by deceptive means, forging private documents, and uttering of the above investigation document among the facts charged in this case against Defendant A on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules

B. Examining the reasoning of the lower judgment on the grounds of appeal against the Defendants in light of the record, it is justifiable for the lower court to have maintained the first instance judgment that acquitted the Defendants on the grounds that there was no proof of crime regarding the Defendants’ violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the facts charged in the instant case 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 exceeding the bounds

(c)

Meanwhile, the prosecutor presented a written appeal to the effect that he/she is dissatisfied with the entire judgment of the court below, but he/she is guilty against the Defendants anywhere in the petition of appeal or appeal.

arrow