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(영문) 대법원 2015.02.26 2014도17753
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning, the lower court was justifiable to have determined that all of the facts charged in this case was guilty on the grounds stated in its reasoning, and it did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules without exhaust all necessary deliberations, or by misapprehending the legal doctrine on the specification of crimes and charges

In addition, the argument that the court below acknowledged the forgery of a defendant based on the evidence which has no admissibility of evidence is against the rules of evidence and against the legal principles on the admissibility of evidence or against the principle of trial on evidence is alleged as a legitimate ground for appeal, or that the court below did not consider it as an object of judgment ex officio, and thus,

Furthermore, even if examining records, the lower court did not err by misapprehending the legal doctrine as alleged in the grounds of appeal.

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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