logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2014.09.26 2014도8842
사기
Text

The appeal is 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 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 indicated in its reasoning, the court below rejected the grounds for appeal concerning mistake of facts and misapprehension of legal principles by determining that the defendant, as stated in its judgment of the court of first instance, by deceiving the victim E and by deceiving the victim C, and thereby deceiving the victim C.

The allegation in the grounds of appeal is without merit, because it is merely an error of the judgment of the court below on the selection and probative value of evidence, which belongs to the free judgment of the fact-finding court.

In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal principles and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the principle of no punishment without the law, the presumption of innocence, and the prohibition of analogical interpretation, contrary to what is alleged in the grounds of appeal, and by misapprehending the legal doctrine regarding deception, mistake, property damage and causation in fraud, abuse of public prosecution rights, admissibility of recording records, burden of proof, degree of proof necessary for conviction, or exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules

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

arrow