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(영문) 대법원 2016.08.18 2016도6707
절도등
Text

The appeal is 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 preparation of evidence and the 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 reasons indicated in its reasoning, the lower court recognized the establishment of larceny regarding criminal facts in the first instance judgment, and rejected the grounds for appeal as to mistake of facts and misapprehension of legal principles.

The grounds of appeal disputing the recognition of facts in the judgment of the court below are merely erroneous in the judgment of the court of fact-finding, which actually belongs to the free judgment of the court of fact-finding, and the reasoning of the judgment below is examined in light of the above legal principles and the relevant legal principles and evidence duly adopted, and there is no error of misapprehending the legal principles on larceny and the defense of a political party, or exceeding the limit of the free evaluation of evidence.

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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