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(영문) 대법원 2016.10.13 2016도3239

The appeal is dismissed.


The grounds of appeal are examined.

Criminal facts shall be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). The choice 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). On the grounds indicated in its reasoning, the lower court reversed the first instance judgment convicting the Defendant of the instant facts charged and acquitted the Defendant.

The allegation in the grounds of appeal is merely an error in the judgment of the court below as to the choice of evidence and probative value, which belong to the free judgment of the court of fact-finding.

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles and the relevant legal principles and records, 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 as to the intent of

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