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(영문) 대법원 2018.06.19 2017도4017
무고등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment convicting the prosecutor on the ground that there was no proof of crime as to the non-prosecution of the modified facts charged in the instant case, and acquitted the prosecutor.

The judgment below

In light of the records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, it did not err by misapprehending the legal principles as to the crime of false accusation or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal principles.

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court’s determination that affirmed the first instance judgment convicting the Defendant of breach of trust among the modified facts charged on the grounds stated in its reasoning is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the crime of breach of trust by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules,

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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