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(영문) 대법원 2018.03.27 2018도1526
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the court below and the first instance court on the grounds of the Defendant’s appeal, the court below was justified in finding the Defendant guilty of obstruction of business and assault among the facts charged in the instant case on the grounds stated in its reasoning.

In doing so, the court 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.

2. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment convicting the Defendant of fraud among the facts charged in the instant case and acquitted the Defendant on the grounds stated in its reasoning.

Examining the record, the above determination by the court below is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or of misapprehending the legal principles on the criminal intent to acquire fraud, without exhaust all necessary deliberations.

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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