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(영문) 대법원 2017.09.07 2017도9331
사기
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 recognized the Defendant’s guilty of criminal facts, and accepted the first instance judgment that rejected the Defendant’s assertion that there was no dispute, and rejected the Defendant’s mistake of facts and misapprehension of the legal doctrine.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court on the facts that led to the determination of the lower court, and is merely an error of the lower court’s determination on the selection and probative value of evidence, which belong to the free judgment of the fact-finding court. In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on indirect principals, failing to exhaust all necessary deliberations,

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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