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(영문) 대법원 2016.04.15 2016도1616
자격모용사문서작성등
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). For the reasons stated in its reasoning, the lower court reversed the first instance judgment that found the Defendant guilty of each criminal fact of forgery of securities, forged or falsified securities exercise, false entry of the original copy of the process deed, the exercise of the process of false entry in the original document, and attempted fraud, and rejected the first instance judgment that rejected the Defendant’s assertion that there was a ground for appeal. (2) On the other hand, the lower court rejected the Defendant’s allegation that there was a criminal fact of preparing a private document for qualification as indicated in its holding, and found the Defendant not guilty of this.

The allegation in the grounds of appeal is the purport of disputing the determination of facts by the lower court. It is nothing more than an error of the lower court’s determination as to the selection of evidence 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 err by exceeding the bounds of free evaluation of evidence contrary to logical and empirical rules, or by misapprehending the legal doctrine on the degree of proof necessary to recognize the burden of proof

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

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