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(영문) 대법원 2017.02.09 2016도17568

사문서위조등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts shall be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act), and the selection of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons stated in its reasoning, the lower court determined that there is no proof of crime as to the facts charged in the forgery of the private document of this case and the exercise of the document for investigation, and reversed the judgment of the first instance court which found the Defendant guilty, and sentenced the

The allegation in the grounds of appeal is the purport of disputing the determination of facts by the lower court. It is nothing more than an error of the lower court’s determination on the selection and probative value of evidence, which belongs to the free judgment of the fact-finding court. In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, or by exceeding the bounds of free

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