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(영문) 대법원 2014.06.12 2014도3800
공전자기록등불실기재등
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 lower court rejected the grounds for appeal as to mistake of facts or misapprehension of legal principles, on the ground that: (a) deceiving victim N and C, and deceiving them by deception; (b) in collusion with D and F, recording false facts in the land register, which is a public electronic record; and (c) the fact of exercising such fact is recognized.

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

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 failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, by misapprehending the principle of trial on evidence, presumption of innocence, and the legal doctrine on the establishment of a

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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