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(영문) 대법원 2019.02.28 2018도19554
사문서변조등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the lower court reversed the first instance judgment convicting the Defendant on the ground that there was no proof of crime regarding the fabrication of private documents and the uttering of private documents among the facts charged in the instant case, and sentenced the Defendant not guilty.

In examining the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the relevant legal doctrine.

2. Although examining the relevant legal principles as to the Defendant’s grounds of appeal and the evidence duly adopted and examined by the first instance court and the lower court, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the relevant legal principles, on the grounds stated in its reasoning.

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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