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(영문) 대법원 2014.04.10 2014도562

공무원자격사칭등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The allegation in the grounds of appeal is the purport that the court below found the defendant guilty of the facts charged of this case, in spite of the fact that D only followed the victims when D receives the written statement from the victims, and that the defendant did not misrepresent the police officers to threaten the victims to prepare a written statement.

However, the recognition of facts and the selection and evaluation of evidence, which are the premise thereof, belong to the exclusive authority of the fact-finding court unless it exceeds the limit of the free evaluation of evidence

Although examining records, the court below did not err in finding facts beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules.

Meanwhile, the argument that there is an error in the investigation procedure and the examination procedure of the witness in the court of first instance is not legitimate grounds for appeal since the defendant's ground for appeal is either the defendant's ground for appeal, or the court below did not consider it as an object

In addition, the issue of whether to adopt the application for examination of evidence may not be examined when the court deems it unnecessary at the discretion of the court (see Supreme Court Decision 2010Do7947, Jan. 27, 2011). Thus, even if the court below rejected the defendant's application for witness, it cannot be deemed unlawful.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.