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(영문) 대법원 2015.07.09 2015도6263
자연공원법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of the facts charged in this case (excluding the part concerning innocence)

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending relevant legal principles, contrary to what is alleged in the grounds of appeal.

2. The gist of the grounds of appeal by the prosecutor is that the judgment of the court below is unlawful, inasmuch as the court below found erroneous facts in violation of the rules of evidence and rendered a not-guilty verdict on the defendant although the prosecutor's grounds of appeal found the defendant guilty of the facts charged in this case (excluding the part concerning the charge

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof belong to the exclusive authority of the fact-finding court unless they exceed the bounds of the principle of free evaluation of evidence, and the ground of appeal is merely a dispute over the fact-finding belonging to the exclusive authority of the court below and it

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

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