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(영문) 대법원 2013.06.27 2013도4030
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

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 the determination of probative value, which are based on the premise of fact finding, belong to the discretion of the fact-finding court unless it goes beyond the limit of the

(Article 308 of the Criminal Procedure Act). The lower court rejected the grounds for appeal as to the mistake of facts against the Defendants, and upheld the first instance judgment convicting the Defendants of the facts charged in this case, on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning 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 against logical and empirical rules, or by misapprehending the legal doctrine on the degree of probative value necessary to recognize a guilty, or by failing to exhaust all necessary deliberations, as alleged in the grounds

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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