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All appeals are dismissed.
Reasons
1. The defendant's appeal is examined;
(1) On June 20, 2013, the lower court found the Defendant guilty of the facts charged of the violation of the Act on Defense, which was temporarily committed on June 20, 2013, and collected 30 million won from the Defendant. (2) The lower court lawful filing of a complaint within six months after the victim F was finally aware of the facts that the victim F was damaged.
The following facts charged of embezzlement (except for the part of innocence) were found guilty.
The judgment below
Examining the reasoning in light of the evidence duly admitted, 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, as alleged in the grounds of appeal, or by misapprehending the legal principles on changes in indictment, additional collection, filing period, and embezzlement.
2. The prosecutor's appeal is examined.
The summary of the grounds for appeal is as follows: (a) according to the evidence submitted by the prosecutor, the court below found the defendant guilty of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes), and the part
However, the recognition of facts, the selection and evaluation of evidence is within the discretionary power of the fact-finding court unless it goes beyond the limit of free evaluation of evidence.
The judgment below
In light of the record, even if examining the reasoning of the judgment below, the recognition of the facts exceeded the limit of free evaluation of evidence.
shall not be deemed to exist.
3. The appeal by the defendant and the prosecutor is all dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.