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(영문) 대법원 2013.09.12 2013도1341
무고
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The Defendant’s argument in the grounds of appeal is that the lower court found the Defendant guilty by making a false fact-finding with a false statement, such as J, K, L, etc., even though the Defendant’s accusation against the Defendant’s H was not a false accusation, and thus, the lower court’s judgment was unlawful.

However, the recognition of facts and the selection and evaluation of evidence, which are the premise thereof, belong to the exclusive authority of the fact-finding court unless it exceeds the limit of the free evaluation of evidence

The judgment below

Even if examining the reasons in light of the record, the reasons why the judgment of the court below exceeded the bounds of the principle of free evaluation of evidence cannot be found.

Ultimately, the above argument in the grounds of appeal is merely to criticize the fact-finding which belongs to the exclusive right of the court of original judgment, and thus, cannot be a legitimate ground 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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