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(영문) 대법원 2013.12.12 2013도12416
현존건조물방화
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The Defendant’s argument in the grounds of appeal is that the Defendant’s judgment of conviction was unlawful because the lower court, despite that the instant fire was not caused by the Defendant’s act, found the victim’s statement, etc. without credibility.

However, the recognition of facts and the selection and evaluation of evidence, which are the premise thereof, belong to the exclusive authority of the fact-finding court unless it exceeds the limit of the free evaluation of evidence

The judgment below

Even if examining the reasoning in light of the evidence, it is not recognized that the judgment of the court below goes beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules.

Therefore, the above argument in the grounds of appeal is just to criticize the matters falling under the exclusive authority of the court below and thus cannot be accepted.

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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