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(영문) 대법원 2014.10.30 2014도6356

무고

Text

All appeals are dismissed.

Reasons

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that the Defendant was guilty of the instant facts charged (excluding the portion of innocence) for the reasons indicated in its holding

As alleged in the grounds of appeal, the court below did not err by misunderstanding of facts against logical and empirical rules or by misapprehending the legal principles on false accusation.

2. The prosecutor's ground of appeal on the prosecutor's ground of appeal is that the court below found the defendant not guilty of part of the charges by finding wrong facts based on the statement without credibility of the defendant and witness in violation of the rules of evidence.

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 limit of the principle of free evaluation of evidence, and there is no reason to deem that this part of the judgment below exceeded the limit of the free evaluation of evidence in light of the records

On the other hand, the prosecutor appealed the guilty portion of the judgment of the court below, but there is no indication of the grounds for appeal in the petition of appeal and no statement of the grounds for appeal is found in the appellate brief.

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