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(영문) 대법원 2016.10.27 2016도8964

사기등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The finding of guilt in a criminal trial shall be based on evidence with probative value, which makes it possible for a judge to have the truth that the facts charged are true beyond a reasonable doubt, and if there is no such proof, the conviction cannot be judged even if there is a suspicion of guilt against the defendant.

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles as to the facts charged in this case, and by misapprehending the legal principles, the court below did not err by misapprehending the legal principles. The court below did not err by misapprehending the legal principles. The court below did not err by misapprehending the legal principles. The court below did not err by misapprehending the legal principles as to the facts charged in this case.

The allegation in the grounds of appeal is merely an error in the judgment of the court below as to the choice of evidence and probative value, which belong to the free judgment of the court of fact-finding.

In addition, even after examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the status of a person who takes custody of another person’s property, or by exceeding the bounds of the

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