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(영문) 대법원 2014.12.24 2014도13819
전자금융거래법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance, and argued mistake of facts as the grounds for appeal along with unreasonable sentencing.

Nevertheless, the lower court rejected the Defendant’s appeal on the sole basis of the Defendant’s assertion of unreasonable sentencing, and dismissed the Defendant’s appeal without determining the assertion of mistake of facts.

However, in light of the evidence duly admitted by the first instance court, the lower court’s finding the Defendant guilty of the instant facts charged is justifiable in its conclusion, and contrary to what is alleged in the grounds of appeal, there were no errors in the misapprehension of the law of logic and experience and the principle of free evaluation of evidence, thereby affecting the conclusion of the judgment.

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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