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(영문) 대법원 2014.09.26 2014도10081
정신보건법위반
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 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). The lower court, on the grounds indicated in its reasoning, determined that the first instance court was justifiable to have found the Defendant guilty of the facts charged in this case on the grounds stated in its reasoning, and rejected the allegation of the grounds for appeal for mistake of facts

The argument in the grounds of appeal is nothing more than disputing the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the fact-finding court, or the fact-finding based thereon, and even if examining the reasoning of the judgment below in light of the evidence duly admitted, it does not err by exceeding the bounds

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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