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(영문) 대법원 2017.02.15 2016도19933
무고
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The recognition of facts and the selection and evaluation of evidence conducted on the premise thereof shall belong to the full power of the fact-finding court unless it goes beyond the limit of free evaluation of evidence.

The judgment below

Even if examining the reasoning of the record, the lower court erred by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules in determining that the instant facts charged were guilty, contrary to what is alleged in the grounds of appeal.

is not recognized.

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

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