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(영문) 대법원 2014.09.26 2014도7887
절도등
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 of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court.

(1) For reasons indicated in its holding, the court below rejected the Defendant’s allegation in the grounds of appeal disputing this point, on the following grounds: (1) the raw materials of this case are property of subjective and economic value, which is at least the object of larceny; and (2) the Defendant’s criminal act of larceny, including the Defendant’s intent to obtain unlawful acquisition of the raw materials of this case, can be sufficiently recognized; and (2) the content of the letter sent by the Defendant to H Chairman constitutes a false fact; and (3) it constitutes a crime of interference with business due to the occurrence of a risk of interference with the business of the victimized Company

The ground of appeal of this case disputing the above judgment of the court below on the ground of misunderstanding of facts and misunderstanding of legal principles is merely an error of the judgment of the court below on the selection and probative value of evidence, which belongs to the free judgment of the

In addition, even if examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the object of larceny, unlawful acquisition intent, and the crime of interference with business, as otherwise alleged in the grounds of appeal.

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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