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(영문) 대법원 2014.10.15 2014도10277
사문서위조등
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). For the reasons indicated in its reasoning, the lower court determined that the Defendant forged two documents in the name of the chairman of the apartment election management committee, a private document on rights and duties, which is a private document for the chairman of the apartment election management committee of this case, and rejected the allegation of the grounds for appeal on the mistake of facts that asserted

The part of 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 actually belongs to the free judgment of the lower court.

In addition, 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 misapprehending the legal doctrine regarding intentional act in the crime of forging private documents and uttering of private documents, authority to prepare and delegate private documents, and implied consent to use the name, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in

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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