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(영문) 대법원 2015.08.27 2015도8171
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have convicted the victim J and I of the fraud among the facts charged in the instant case (excluding the portion not acquitted in the first instance court) on the grounds as stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did

2. As to the prosecutor’s grounds of appeal, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that the instant facts charged (excluding the part concerning the charge) constituted a case where there is no proof of crime.

The judgment below

In light of the records, the above judgment of the court below is just, and contrary to what is alleged in the grounds of appeal, there is no violation of the principle of free evaluation of evidence.

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, the guilty portion is not indicated in the petition of appeal, 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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