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(영문) 대법원 2016.07.14 2016도6122
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning for the Defendant’s appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of this case’s facts charged (excluding the part not guilty of the reasoning) on the grounds stated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine on the criminal intent of deception in fraud, or by misapprehending the legal doctrine on fraud, or by violating the principle of disadvantage and disadvantage, without exhaust all necessary deliberations as alleged in the grounds of appeal.

2. As to the reasons for the prosecutor’s appeal, the lower court upheld the first instance judgment which acquitted the Defendant on the grounds that there was no proof of crime regarding the forgery of private documents and the exercise of the above investigation documents concerning the records of the H members meeting among the facts charged in the instant case, on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is 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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