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(영문) 대법원 2017.11.14 2017도7440
무고등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The gist of the grounds of appeal is as follows: (a) the court below found the Defendants guilty of the facts charged in this case (excluding the guilty part against Defendant A) in light of the evidence submitted by the prosecutor; (b) but (c) found the Defendants guilty of the facts contrary to the rules of evidence and found them not guilty; (d)

However, the recognition of facts, the selection and evaluation of evidence is within the discretionary power of the fact-finding court unless it goes beyond the limit of free evaluation of evidence.

The judgment below

In light of the record, even if examining the reasoning of the judgment below, the recognition of the facts exceeded the limit of free evaluation of evidence.

shall not be deemed to exist.

On the other hand, the prosecutor appealed the entire judgment of the court below, but did not state the grounds of appeal against the petition of appeal or the reasons of appeal.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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