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(영문) 대법원 2018.01.25 2017도18428
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The Defendant did not submit a petition of appeal to the lower court. On December 11, 2017, after the period for filing an appeal expires, the Defendant submitted to the Supreme Court the title “written reason for appeal” to the Supreme Court.

Even if this is the final appeal, the defendant's final appeal shall be dismissed by decision pursuant to Article 381 of the Criminal Procedure Act, as it was already submitted after the period of filing the final appeal expires, but the final appeal shall be dismissed by decision together with the prosecutor

2. On October 7, 2016, the lower court upheld the first instance judgment that acquitted the prosecutor on the grounds of the prosecutor’s appeal on the ground that there was no proof of crime regarding the fraud of the instant facts charged on October 7, 2016.

The judgment below

In light of the records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on joint principal offenders

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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