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(영문) 대법원 2016.08.30 2016도10425
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The recognition of facts and the selection and evaluation of evidence conducted on the premise thereof shall belong to the full power of the fact-finding court unless it goes beyond the limit of free evaluation of evidence.

The judgment below

In light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the relevant legal doctrine, on the grounds that there was no proof of crime against the remaining part of the facts charged in the instant case and all of the part against Defendant B.

The Prosecutor appealed against the entire judgment of the court below against Defendant A, but the guilty part does not state the grounds for appeal in the petition of appeal and does not state the reasons for appeal in the notice of appeal.

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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