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(영문) 대법원 2013.08.23 2012도6025
무고
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the evidence duly admitted and investigated by the court below and the first instance court, the selection of evidence and the acknowledgement of facts belong to the exclusive authority of the fact-finding court unless they exceeded the bounds of the principle of free evaluation of evidence, and the court below cannot find out the grounds that the court below exceeded the bounds of the principle of free evaluation of evidence in determining the facts charged against the defendant for the reasons stated

In addition, the court below's decision that the defendant's accusation is established based on such fact-finding is just, and there is no error in the misapprehension of legal principles as to the requirements for establishment, such as the intent of a crime of false accusation.

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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