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(영문) 대법원 2015.03.20 2014도16450
사기
Text

All appeals are 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). The lower court determined that the first instance court, which found the Defendant guilty of the facts constituting the crime as indicated in the judgment of the lower court, is acceptable, and rejected the allegation of the grounds for appeal by mistake of facts or misapprehension of legal principles as to this part, and convicted

The allegation in the grounds of appeal disputing such a judgment of the court below is merely an error of the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the court of fact-finding.

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 in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on fraud and fraud.

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

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