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(영문) 대법원 2014.08.28 2014도7567
무고등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

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.

(Article 308 of the Criminal Procedure Act). The court below rejected the defendant's allegation in the grounds of appeal that the defendant attended a general meeting of shareholders and accordingly prepared the shareholders' meeting on April 30, 2008, on the grounds as stated in its reasoning, such as that the criminal judgment recognized that the defendant forged the shareholders' meeting minutes, became final and conclusive.

The ground of appeal disputing the fact-finding of the lower court is merely an error of the lower court’s determination on the evidence selection and probative value, which belongs to the free judgment of the fact-finding court.

In addition, even if examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on the probative value of a final and conclusive criminal judgment and the degree of proof in a criminal trial, or by failing to exhaust all necessary deliberations or exceeding the bounds of the principle

In addition, even if the reasoning of the judgment below is examined in light of the records, there is no error of law that affected the conclusion of the judgment by procedural error, such as violation of Article 55 of the Criminal Procedure Act, and violation of Articles 58 (1) and 296 of the Criminal Procedure Act, and violation of the defendant's right to defense.

Meanwhile, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed.

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