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(영문) 대법원 2017.03.22 2016도17891
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The recognition of facts and the selection and evaluation of evidence conducted on the premise thereof shall belong to the full power of the fact-finding court unless it goes beyond the limit of free evaluation of evidence.

In addition, it is necessary to prove that the recognition of criminal facts in the criminal trial is not likely to be a reasonable doubt.

If the prosecutor's certificate did not reach this, there is a part of the brushing.

Even the defendant should be judged in favor of the defendant.

The judgment below

In light of the records, the court below's finding of not guilty of the facts charged of this case on the ground that there is no proof of crime is not recognized as exceeding the bounds of the principle of free evaluation of evidence in violation of the rules of evidence.

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.

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