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(영문) 대법원 2014.03.27 2014도721
사기
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). The court below decided that all the charges of this case against the defendant are guilty, and rejected the grounds for appeal as to the mistake of facts against which the defendant raised.

The allegation in the grounds of appeal is nothing more than disputing the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the fact-finding court. While examining the reasoning of the judgment below in light of the evidence duly admitted, the court below did not err by misapprehending the legal principles on the principle of evidence judgment.

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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