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(영문) 대법원 2019.10.17 2019도8404
사문서위조등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the lower court reversed the first instance judgment convicting the Defendant on the ground that there was no proof of a crime as to each part of the facts charged in the instant case regarding the fabrication of each private document, the uttering of each of the facts charged, and the fraud of the victim J, U, and V.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, 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, or by misapprehending the legal doctrine on intentional deliberation of private documents.

The prosecutor also appealed the guilty portion of the judgment of the court below, but the appellate brief does not state the grounds for objection to this part.

2. On the grounds of appeal by the Defendant, the lower court convicted the Defendant of fraud and damage to the victim X among the facts charged in the instant case on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, 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, or by misapprehending the legal doctrine regarding the establishment of the crime of fraud and property damage

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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