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(영문) 대법원 2015.05.14 2015도3158
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the record, it is justifiable for the court below to have maintained the judgment of the first instance court which acquitted the victim C on the ground that there was no proof of crime regarding the fraud of the victim C among the facts charged in the instant case on its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or failing to exhaust all necessary deliberations.

On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no statement in the petition of appeal or the appellate brief concerning the guilty part.

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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