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(영문) 대법원 2014.05.16 2013도10096
무고등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court reversed the first instance judgment convicting the Defendant and acquitted the Defendant on the ground that this part of the facts charged is not a crime, on the grounds that the Defendant prepared a copy of the household check of this case with the explicit or implied consent from B, the nominal owner, as to the alteration of each private document and the uttering of the altered private document among the facts charged in this case

The judgment below

In light of the records, the above determination by the court below is acceptable. 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, or by misapprehending the legal principles as to the alteration and uttering of private documents.

On the other hand, the prosecutor appealed the guilty portion of the judgment of the court below, but there is no indication of the grounds for appeal in the petition of appeal, and there is no statement of the grounds for appeal in the statement of grounds for appeal.

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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