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(영문) 대법원 2016.02.18 2015도19026
재물손괴등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the reasons for Defendant A’s appeal, the recognition of facts constituting an offense ought to be proven to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, 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 the reasons indicated in its reasoning, the lower court rejected the allegation of the grounds for appeal as to the mistake of facts by recognizing that the first instance judgment, which did not admit that Defendant A’s allegation was justifiable by impairing the victim F’s reputation and convicted the Defendant of the injury inflicted on the said victim, and upheld the first instance judgment that found the Defendant guilty of the part of assault and intimidation in the facts constituting an offense in the first instance judgment.

The allegation in the grounds of appeal is the purport of disputing such judgment of the court below and the recognition of the facts of the first instance. It is nothing more than an error of the judgment of the court below as to the selection of evidence and probative value of the first instance which belong to the free judgment of the fact-finding court. While examining the reasoning of the judgment below in light of the above legal principles and the relevant legal principles and the evidence duly admitted, the court below did not err by exceeding the bounds of free evaluation of evidence, or by misapprehending

Furthermore, examining the reasoning of the lower judgment in light of the reasoning of the lower judgment regarding the grounds for appeal on the grounds of misunderstanding the legal doctrine regarding sentencing on the grounds of the principle of balance of punishment, the principle of responsibility, and the principle of equality, the allegation in the grounds for appeal is nothing more than the purport of substantially disputing the sentencing of the lower court. However, pursuant to Article 383 Subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal on Defendant A is allowed, and thus

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