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(영문) 대법원 2014.09.04 2014도5819
무고
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to Article 383 of the Criminal Procedure Act, when there is a violation of the Constitution, Acts, orders or rules affecting the judgment (subparagraph 1), the abolition or modification of a punishment or amnesty after the judgment, when there is a reason for the request for a retrial (subparagraph 2), when there is a reason for the request for a retrial (subparagraph 3), death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years, when the judgment has affected the conclusion of the judgment or when there is a significant reason for recognizing that the amount of the punishment has been extremely unfair (subparagraph 4), the grounds for appeal against

The defendant's assertion that the defendant is not a legitimate ground of appeal, because it is merely an error in the selection of evidence and fact-finding which belong to the exclusive jurisdiction of the court below.

In addition, examining the evidence duly adopted and examined by the court below and the first instance court, it is just to determine that the court below guilty of the facts charged in this case for the reasons stated in its holding, and there is no violation of law of free evaluation of evidence in violation of logical and empirical rules.

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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