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(영문) 대법원 2016.09.23 2016도11506
허위진단서작성등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the Defendant’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court is justifiable to have determined that all of the facts charged of the Defendant’s guilty charges were recognized on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the lower court did not err by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine as to the crime of causing death in writing and the

2. Examining the reasoning of the judgment of the court below in light of the records, it is just to maintain the judgment of the court of first instance that acquitted the prosecutor on the facts charged of the non-guilty portion on the grounds as stated in its holding, on the ground that the court below did not prove the facts charged, and there is no violation of the law of logic and experience and free evaluation of evidence as alleged in the grounds of appeal.

On the other hand, the prosecutor appealed the guilty portion of the judgment of the court below, but there is no specific reason of objection as to this portion in the petition of appeal or the reasoning of appeal.

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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