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(영문) 대법원 2017.05.11 2017도2484
허위감정등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Although the recognition of criminal facts against Defendant A’s grounds for appeal ought to be proven to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act), the selection of evidence and the 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). For reasons indicated in its reasoning, the lower court, on the grounds as indicated in its reasoning, conspired with L, etc. as stated in paragraph (1) of the criminal facts of the first instance judgment, and made a false appraisal

Recognizing that Defendant A’s assertion of the grounds for appeal as to the mistake of facts was rejected.

The allegation in the grounds of appeal is the purport of disputing the determination of facts that form the basis of the judgment below, and it is nothing more than denying the judgment of the court below on the selection and probative value of the evidence belonging to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the judgment below in light of the aforementioned legal principles and the evidence duly admitted, the judgment of the court below did not err in the misapprehension of the principle of presumption of innocence, the principle of evidence trial, the principle of proper procedure, the principle of court-oriented trials, or the principle

The Supreme Court precedents cited on the grounds of appeal are different from the instant case, and thus are inappropriate to be invoked in the instant case.

2. As to the grounds for appeal by Defendant B, the lower court, on the grounds as indicated in its reasoning, conducted a false appraisal in collusion with L, etc., as described in the facts constituting a crime of the first instance judgment.

Recognizing that Defendant B’s mistake of facts and misapprehension of legal principles, Defendant B rejected Defendant B’s allegation of grounds of appeal.

The allegation in the grounds of appeal is the purport of disputing the determination of facts that form the basis of such judgment of the court below, and is merely an error in the determination of evidence and probative value, which belong to the free judgment of the court of fact-finding. In addition, the reasoning of the judgment below is related to the above legal principles and the judgment

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