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(영문) 대법원 2016.05.24 2015도15844
사기등
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 was justifiable to have determined that the lower court convicted the victim I of fraud among the facts charged in the instant case on the grounds stated in its reasoning, and did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. According to the reasoning of the lower judgment regarding the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the victim K on the ground that there was no proof of crime regarding the fraud and violation of justice against the victim K among the facts charged in the instant case, on the grounds stated in its reasoning.

The judgment below

In light of the records, the above determination by the court below is just, and there is no error of exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the relevant legal principles.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not indicate the grounds of appeal against the petition of appeal or the reasons 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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