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(영문) 대법원 2015.10.29 2015도11267
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등
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). For the reasons indicated in its reasoning, the court below rejected the allegation in the grounds of appeal for erroneous determination of facts and misapprehension of legal principles, on the following grounds: (a) the defendant was not aware of the fact that he has obstructed his official duties by threatening E, F, who is a public official; and (b) the defendant was not aware of the fact that he was wearing a portable tracking device at the time of committing a crime in violation of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders (excluding the part of innocence).

The allegation in the grounds of appeal is merely an error of the judgment of the court below as to the selection and probative value of evidence belonging to the free judgment of the court of fact-finding, and the reasoning of the judgment below is examined in light of the aforementioned legal principles and the evidence duly admitted, and there were no errors of exceeding the bounds of the principle of free evaluation of evidence in violation of the logical and empirical rules, or by misapprehending the legal principles related to intimidation and mental or physical disorder in the crime

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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