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(영문) 대법원 2017.01.25 2016도19457
공전자기록등위작등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the judgment, the court below was just in finding the Defendant guilty of the facts charged of this case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the crime of perjury such as electronic records

Meanwhile, according to the records, the court below's explanation of the statement by the police statement against the defendant, which was not submitted as evidence or not adopted as evidence, without accepting the grounds for appeal by the defendant's mistake of facts, shall be erroneous, but the remaining evidence except this, can be found as charged of this case. Thus, the court below's error affected the conclusion of the judgment.

shall not be deemed to exist.

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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