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(영문) 대법원 2017.11.29 2017도10302
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the court below reversed the judgment of the first instance court which found Defendant A guilty on the facts charged of this case on the grounds that there is no proof of the crime, and sentenced Defendant A not guilty.

The judgment below

In light of the records, the above judgment of the court below is just and acceptable. Contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of the bounds of free evaluation of evidence against logical and empirical rules, thereby exceeding the bounds of free evaluation of evidence.

2. Examining the reasoning of the lower judgment on the grounds of Defendant B’s appeal in light of the evidence duly admitted, the lower court was justifiable to have found Defendant B guilty on the grounds indicated in its reasoning.

In doing so, the court below did not err by misapprehending the bounds of free evaluation of evidence by exceeding the bounds of free evaluation of evidence against logical and empirical rules or by misapprehending the relevant legal principles without exhausting all necessary deliberations as alleged in the grounds 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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