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(영문) 대법원 2015.08.27 2014도8750
무고
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The finding of guilt in a criminal trial ought to be based on evidence with probative value, which can lead a judge to feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is a doubt as to the defendant's guilt, it is inevitable to determine it with the benefit of the defendant.

(see, e.g., Supreme Court Decisions 95Do3081, Mar. 8, 1996; 2012Do1510, May 29, 2014). In full view of the circumstances as indicated in its reasoning, the lower court reported false facts to the Defendant based on the evidence submitted by the prosecutor alone.

The judgment of the first instance court which acquitted the Defendant of the instant facts charged, on the ground that it is difficult to view that there is no reasonable doubt that the Defendant had an intention to commit a crime without doubt.

The judgment below

Examining the reasoning in light of the aforementioned legal principles and records, the lower court’s determination is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of

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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