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(영문) 대법원 2014.11.27 2014도11628

마약류관리에관한법률위반(향정)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The gist of the grounds of appeal is that the judgment of the court below is unlawful, since the court below judged the defendant not guilty by finding the remaining erroneous facts in violation of the rules of evidence, although the court below found the defendant guilty of the facts charged in this case sufficiently according to the evidence submitted by the prosecutor.

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof belong to the exclusive authority of the fact-finding court unless they exceed the bounds of the principle of free evaluation of evidence, and the ground of appeal is merely a dispute over the fact-finding belonging to the exclusive authority of the court below and it

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