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(영문) 대법원 2016.12.15 2016도13376
무고
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The gist of the grounds of appeal is that the court below erred by misapprehending the legal principles as to the rules of evidence and rendered a not-guilty verdict on the defendant, even though the facts charged in this case are fully convicted, based on the evidence submitted by the prosecutor.

However, the recognition of facts, the selection and evaluation of evidence is within the exclusive authority of the fact-finding court unless it exceeds the limit of the principle of free evaluation of evidence

The allegation in the grounds of appeal is not a legitimate ground of appeal, because it contests the fact-finding of the lower court’s exclusive authority.

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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