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(영문) 대법원 2015.02.12 2014도13567
무고
Text

All appeals are dismissed.

The judgment of the court of first instance is indicated in the judgment of the court of first instance, "Ulsan District Court" (hereinafter referred to as "Ulsan District Court") and the judgment of the court of first instance (hereinafter referred to as 20

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of not guilty of the charges of this case D, on the grounds as indicated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court is justifiable to reverse the first instance judgment on the ground that there is no evidence of crime against J among the facts charged in the instant case, and it did not err by failing to exhaust all necessary deliberations and by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

On the other hand, the prosecutor appealed the entire judgment of the court below, but did not submit grounds for appeal as to the guilty portion.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench, on the ground that there is an obvious clerical error in the indication of the judgment of the first instance.

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