logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2014.05.29 2013도14921
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts must be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). The selection of evidence and the determination of probative value, which are conducted on the premise of fact finding, belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). On the grounds indicated in its reasoning, the lower court acknowledged that the first instance judgment that acquitted all the Defendants of the part concerning fraud (excluding the part concerning the fraud against Defendant C’s victim L) among the facts charged in the instant case was justifiable, and rejected the grounds for appeal as to the mistake of facts by the public prosecutor disputing such determination.

The allegation in the grounds of appeal is merely an error of the lower court’s judgment on the selection and probative value of evidence, which is a substantial judgment of the fact-finding court.

In addition, even if examining the reasoning of the lower judgment and the first instance judgment maintained by the lower court in light of the records, the lower court did not err in its judgment by violating logical and empirical rules and by exceeding the bounds of the principle of free evaluation of evidence.

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, the guilty portion is not indicated in the petition of appeal, and the appellate brief does not contain any grounds for objection.

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

arrow