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(영문) 대법원 2015.08.27 2015도8697
특정경제범죄가중처벌등에관한법률위반(사기)등
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). Based on its stated reasoning, the lower court determined that the Defendant committed each of the instant crimes, and rejected the Defendant’s assertion of mistake of facts.

The allegation in the grounds of appeal is merely an error in the judgment of the court below as to the choice of evidence and probative value, which belong to the free judgment of the court of fact-finding.

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by violating the principle of presumption of innocence, including the principle of presumption of innocence, by misapprehending the relevant legal doctrine, 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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