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(영문) 대법원 2015.05.29 2014도15424
무고등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that each of the facts charged in the instant case was guilty (excluding the part not guilty in the grounds of appeal). In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on facts contrary to logical

2. Examining the reasoning of the lower judgment in light of the record as to the prosecutor’s grounds of appeal, it is justifiable to maintain the first instance court’s conclusion that the lower court rendered a not-guilty verdict on the charge of perjury (excluding the part concerning the charge of perjury) and accusation among the facts charged in the instant case on the grounds as stated in its reasoning by deeming that there was no proof of crime, and contrary to what is alleged in the grounds of appeal

On the other hand, although the prosecutor appealed to the entire judgment of the court below, there is no statement in the petition of appeal as to the remaining facts charged, nor there is no statement in the appellate brief as to the grounds of objection.

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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