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(영문) 대법원 2018.02.08 2017도19252
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted, it is justifiable for the lower court to have found the Defendant guilty of this part of the facts charged, as stated in its reasoning.

In doing so, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by exceeding the bounds of the principle of due process to guarantee the defendant’s right of defense, misunderstanding of legal principles as to burden of proof, or inconsistency with the reasoning

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court is justifiable to have found the Defendant guilty of this part of the facts charged on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

3. Examining the reasoning of the lower judgment in light of the evidence duly admitted, it is justifiable for the lower court to have convicted the Defendant of this part of the facts charged on the grounds indicated in its reasoning.

In doing so, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence, as alleged in the grounds of

4. 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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