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(영문) 대법원 2015.12.10 2015도13278
근로기준법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts must be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). The selection of evidence and the determination of probative value, which are conducted on the premise of fact finding, belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). On the grounds indicated in its reasoning, the lower court determined that it is difficult to view that the part concerning violation of the Labor Standards Act due to workers’ assault among the facts charged as modified at the lower court was proven to the extent that there is no reasonable

The allegation in the grounds of appeal is merely an error in the judgment of the court of fact-finding on the selection and probative value of the evidence, which is a substantial judgment of freedom of fact-finding court.

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the record, 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 failing

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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