logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2019.10.17 2019도9907
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the Prosecutor, the lower court acquitted the Prosecutor on the charge of fraud on the ground that there was no proof of crime regarding the part of the instant facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not exhaust all necessary deliberations, but 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 deception and deception in fraud.

2. As to the Defendant’s grounds of appeal, the lower court found the Defendant guilty of each part of the facts charged in the instant case.

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 on the establishment of a violation of

On the other hand, the Defendant asserts that there was a mistake of mistake and violation of the principle of trial on evidence regarding the part of acquittal.

However, the essence of the Defendant’s appeal is that the Defendant’s appeal is a claim for a favorable judgment by correcting a disadvantageous original judgment, and thus, it cannot have the right to appeal unless the judgment is disadvantageous to himself/herself. Therefore, the Defendant’s appeal on the acquittal judgment, the most favorable to

(see, e.g., Supreme Court Decision 93Do1091, Jul. 29, 1994). Therefore, the part of the judgment of the court below which acquitted the Defendant does not have the right to appeal, and this part of the grounds of appeal is not legitimate 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.

arrow