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(영문) 대법원 2021.03.11 2020도18343
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court reversed the first instance judgment that found the Defendant guilty on the facts charged of this case on the grounds that there was no proof of crime, and sentenced the Defendant not guilty.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not exhaust all necessary deliberations and did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on Article 314 of the Criminal Procedure Act.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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