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(영문) 대법원 2016.10.27 2016도9127
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the record, the court below was just in maintaining the judgment of the court of first instance which acquitted the Defendants on the grounds that each of the facts charged in this case against the Defendants constituted a case where there is no proof of criminal facts. In so doing, contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence, or by exceeding

On the other hand, the prosecutor appealed against the guilty portion of the judgment below, but there is no specific grounds for objection as to this portion in the petition of appeal or appellate brief.

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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