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(영문) 대법원 2014.10.15 2014도10503
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 of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court.

(3) Article 308 of the Criminal Procedure Act provides that “The prosecution of this case shall be dismissed, and the prosecution of this case shall be dismissed, and the prosecution of this case shall be dismissed, and the prosecution of this case shall be dismissed, and the prosecution of this case shall be dismissed, and the prosecution of this case shall be dismissed, and the prosecution of this case shall be dismissed, and the prosecution of this case shall be acquitted.

The allegation in the grounds of appeal 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 fact-finding court.

The judgment below

In light of the evidence duly admitted, the lower court did not err in its judgment by either violating the principle of direct examination or exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is 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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