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(영문) 대법원 2017.05.11 2017도2509
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

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 preparation of evidence and the 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 stated in its reasoning, the lower court may recognize the fact that the Defendant, as stated in the first instance judgment, obtained money as well as received insurance benefits by fraud or other improper means, as well as by fraud or other improper means

Based on the judgment, we rejected the Defendant’s assertion of the grounds of appeal as to mistake of facts and misapprehension of legal principles.

The allegation in the grounds of appeal disputing the determination of the lower court is merely an error of the lower court’s determination on the selection and probative value of evidence, which actually 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 aforementioned legal doctrine and the relevant legal doctrine as well as the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on the criminal intent of the crime of violating the Act on Compensation for Workers, Fraud, and Industrial Accident Compensation Insurance, or by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, or by exceeding the bounds of free

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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