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(영문) 대법원 2014.09.25 2014도9705
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of any statement in the supplemental appellate brief not timely filed).

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court is justifiable to have convicted the Defendant of the fraud of the victim M among the facts charged in the instant case on the grounds stated in its reasoning.

There is no illegality of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or of misapprehending the legal principles on the degree of proof required in fraud or criminal procedure.

In addition, the court below's rejection of the defendant's assertion about the mental disorder on the grounds of its stated reasoning is just, and there is no error of law by misapprehending the legal principles on mental disorder or by failing to exhaust all necessary deliberations.

Other grounds of appeal are not legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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