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(영문) 대법원 2020.08.20 2020도7130
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the public prosecutor, the lower court reversed the first instance judgment convicting the Defendant on the ground that there was no proof of crime regarding the part of the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. On the grounds of appeal by the Defendant, the lower court upheld the first instance judgment convicting the Defendant of evading compulsory execution among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, 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 establishment of the crime of evading compulsory execution.

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

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