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(영문) 대법원 2015.08.27 2015도8387
폭력행위등처벌에관한법률위반(상습공갈)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument in the grounds of appeal is that the court below erred in finding a wrong fact although there was no fact that the defendant committed a crime against some victims as stated in the facts charged, and the amount of punishment is also unfair, and thus the judgment below is illegal

However, the fact finding and the selection and evaluation of evidence based on it belong to the exclusive authority of the fact-finding court unless they exceed the bounds of the principle of free evaluation of evidence. Thus, even if examining the reasoning of the judgment below in light of the records, it cannot be found that the court below exceeded the bounds of the principle of free evaluation of evidence. The allegation of unfair sentencing in this case where imprisonment for less than 10 years against the defendant is sentenced is not

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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