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(영문) 대법원 2014.09.04 2014도8106
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant B’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 the opening of gambling among the facts charged in the instant case on the grounds stated in its reasoning, and there was no error exceeding the bounds of the principle of free evaluation of evidence

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor, in light of the records, the lower court reversed the first instance judgment and acquitted the Defendants A, B, C, D, and E on the grounds that there is no evidence of the relevant crime as to the Defendants’ fraud and habitual gambling among the facts charged in the instant case on the grounds stated in its reasoning, and it is justifiable to maintain the first instance judgment that acquitted the Defendants F of this case. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules,

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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