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(영문) 대법원 2016.06.23 2016도626
도로법위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal filed after the deadline for submitting the grounds of appeal).

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 reasons stated in its reasoning, the court below rejected the grounds for appeal by misunderstanding facts and misapprehension of legal principles, on the following grounds: (a) destruction of the instant guard date does not constitute self-help; (b) damage to the victim’s company’s trust as stated in the first instance judgment; (c) damage to the victim’s company’s trust as well as interfere with leasing business; and (d) damage to the pent of the instant case does not constitute self-help, and thus, the illegality of the

The grounds of appeal disputing the finding of facts in the judgment of the court below are nothing more than that of the court below which actually belongs to the free judgment of the fact-finding court. In addition, even if the grounds of appeal are examined in light of the reasoning of the judgment below and the aforementioned legal principles and the evidence duly admitted, the judgment of the court below is erroneous in the misapprehension of legal principles as to illegal act, wording, and legitimate acts, or omitting judgment or exceeding the bounds of free evaluation of evidence, as alleged in the grounds of appeal, which affected the conclusion of the judgment.

subsection (b) of this section.

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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