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(영문) 대법원 2016.08.17 2016도8342
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 the Defendant’s grounds of appeal, the lower court was justifiable to have determined that the Defendant was guilty of the facts charged on the ground of its stated reasoning. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the rules of logic and experience and exceeding the bounds of free evaluation of evidence, or by misapprehending the legal doctrine as to the criminal intent

2. Examining the reasoning of the judgment of the court below in light of the records, it is just for the court below to reverse the judgment of the court of first instance which found the defendant guilty on the charge of the non-guilty part of this case on the grounds as stated in its reasoning and to have found the defendant not guilty. Contrary to the allegations in the grounds of appeal, the court below did not err by violating the logical and empirical rules, exceeding the bounds of the principle of free evaluation, exceeding the bounds of the principle of trial-oriented and direct deliberation

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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