beta
(영문) 대법원 2015.09.10 2015도11097

재물은닉등

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 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). The lower court, on the grounds stated in its reasoning, determined that the Defendant had an intentional intent to conceal property (excluding the portion of innocence) among the facts charged in the instant case, and rejected some of the grounds for appeal as to the mistake of facts by the Defendant.

The ground of appeal disputing such fact-finding by the lower court is merely an error of the lower court’s determination on the evidence selection and probative value, which belong to the free judgment of the fact-finding court.

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not exhaust all necessary deliberations and did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on concealment of

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