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(영문) 대법원 2015.03.20 2015도1590
사기
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 selection 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). The court below found the defendant guilty on the grounds as stated in its decision.

The ground of appeal disputing the fact-finding of the court below is merely erroneous in the determination of the evidence and probative value belonging to the free judgment of the court of fact-finding, and the ground of appeal is not erroneous in the misapprehension of the principle of free evaluation of evidence in light of the evidence duly admitted.

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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