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(영문) 대법원 2018.02.08 2017도14880
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court upheld the first instance judgment that found the Defendant not guilty of the changed facts charged in the instant case on the grounds that there was no proof of crime.

The judgment below

Examining the reasoning of the judgment below in light of the record, the aforementioned determination is justifiable, and contrary to the allegations in the grounds of appeal, 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 legal doctrine on the intent, free evaluation of evidence, or evaluation of probative value of indirect evidence

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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