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(영문) 대법원 2013.06.13 2012도16332

공갈

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument in the grounds of appeal is that the court below erred in finding facts and found the defendant guilty even though the defendant's receipt of KRW 10 million from the victim was not a threat to the victim.

However, the recognition of facts and the selection and evaluation of evidence conducted on such premise are within the discretionary power of the fact-finding court unless it exceeds the limit of the free evaluation of evidence.

The judgment below

Even if examining the reasons in light of the record, the court below cannot find out the reasons that the court below exceeded the limit of the principle of free evaluation of evidence.

Therefore, the above argument in the grounds of appeal is merely to criticize matters falling under the exclusive right of the court of original judgment, and it cannot be a legitimate ground of appeal.

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