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대법원 2014.05.16 2013도15853
마약류관리에관한법률위반(대마)
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 and probative value of evidence conducted on the premise of fact finding belongs to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the lower court determined that the Defendant could recognize the fact that he sold the hemp plant as indicated in the instant facts charged, and rejected the grounds for appeal concerning mistake of facts that raised the objection.

The ground of appeal of this case is merely an error of the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the fact-finding court. In light of the evidence duly admitted, the court below did not err by misapprehending the legal principles on the presumption of innocence, the principle of presumption of innocence, the principle of burden of proof, and the exclusion rule of illegally collected evidence, etc., contrary to what is alleged in the ground of appeal.

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