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(영문) 대법원 2014.03.27 2014도1224
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court is justifiable to have found the Defendant guilty of the instant fraud on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the rules of logic and experience and exceeding the bounds of the principle

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, it is justifiable to maintain the first instance judgment which acquitted the Defendant on the charges of the instant accusation on the grounds that there is no proof of the facts charged. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of logic and experience and the principle

On the other hand, the prosecutor appealed against the guilty portion of the judgment below, but the petition of appeal or the appellate brief did not state the grounds of appeal as to this part.

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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