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(영문) 대법원 2014.10.15 2013도14097
사기
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).

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.

(Article 308 of the Criminal Procedure Act). The lower court found the Defendant guilty of the instant charge of fraud based on its stated reasoning.

The allegation in the grounds of appeal disputing such a judgment by the court below is merely an error of the judgment of the court below as to the selection and probative value of evidence belonging to the free judgment by the fact-finding court, or the fact-finding based thereon. In light of the evidence duly admitted, the court below did not err by failing to exhaust all necessary deliberations or by exceeding the bounds of the principle of free evaluation of evidence

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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