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(영문) 대법원 2017.01.12 2016도11242

농업협동조합법위반

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and the probative value of evidence premised on fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). The lower court held that the Defendant made a contribution by receiving funds from the headquarters of the G Livestock Industry Cooperatives' Feed Business Headquarters and providing F Livestock Industry Cooperatives members with overseas travel expenses.

It is reasonable to view it.

The decision was determined.

B. In addition, the lower court accepted the Defendant’s allegation that there was an intention to see the effect of contribution act by the Defendant, and accepted the Defendant’s allegation that the first deliberation decision, which did not accept the Defendant’s argument, was justifiable, and rejected the Defendant’s allegation of the grounds for appeal as to mistake of

The allegation in the grounds of appeal is the purport of disputing the recognition of facts that served as the basis of the judgment of the court below. It is nothing more than denying the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, the court below did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the intention of donation with the

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