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(영문) 대법원 2019.06.13 2018도17637
사기미수등
Text

All appeals are dismissed.

Reasons

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

Article 8 of the Court Organization Act provides, “The determination at a trial of a superior court shall bind the lower court with respect to the relevant case.” In addition to the latter part of Article 436(2) of the Civil Procedure Act, the court of final appeal shall bind the lower court in its judgment.

Although there is no express provision corresponding thereto in the Criminal Procedure Act, the court of final appeal, which is the principle of law, may intervene in the legitimacy of the judgment of the court below concerning fact-finding in accordance with Article 383 or 384 of the Criminal Procedure Act, and the court of final appeal, which serves as the reason for reversal of the judgment of the judgment of the

Therefore, the court to which the case was remanded from the court of final appeal is remanded to the court of final appeal is bound so long as there is no change in the relation to the evidence, which forms the basis of continuous judgment, by presenting new evidence during the deliberation process after remanding the case, with respect to the factual and legal judgment as the ground for reversal (see, e.g., Supreme Court Decisions 95Do830, Dec. 10, 196; 2004Do430, Apr. 9, 2004). Examining the reasoning of the judgment below after remanding the case in light of the aforementioned legal principles and evidence duly admitted, the court below, after remanding the case, found the Defendants guilty of the facts charged against the Defendants (excluding the defendants excluded from the subject of the judgment of the court of final appeal after returning the case, is justifiable as it is in accordance

As alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on willful negligence and admissibility of evidence, or by omitting judgment, thereby adversely affecting the conclusion of the judgment.

Therefore, all appeals are dismissed. It is so decided by all participating Justices.

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