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(영문) 대법원 2015.05.28 2015도4634
공문서변조등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts shall be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). The choice 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). For reasons indicated in its reasoning, the court below rejected the grounds for appeal for misconception of facts and misapprehension of legal principles, on the ground that it is insufficient to recognize that the facts charged in the alteration of the official document of this case, the uttering of altered official document, and the obstruction of business have been proven to

The allegation in the grounds of appeal disputing such a judgment by the lower court is merely an error of the lower court’s determination of evidence and probative value, which belong to the free judgment by the fact-finding court.

In addition, even if examining the reasoning of the lower judgment in light of the above legal principles and the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the crime of interference with business by fraudulent means, thereby failing to exhaust all necessary deliberations or omitting judgment, etc.

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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