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(영문) 대법원 2016.11.25 2016도14525
특정경제범죄가중처벌등에관한법률위반(사기)방조
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The gist of the grounds of appeal is that the judgment of the court below is unlawful, since the court below erred in finding facts against the rules of evidence and acquitted the defendant although the facts charged in this case are fully convicted, according to the evidence submitted by the prosecutor.

However, the recognition of facts, the selection and evaluation of evidence is within the exclusive authority of the fact-finding court unless it exceeds the limit of the principle of free evaluation of evidence

The allegation in the grounds of appeal is not a legitimate ground of appeal, because it contests the fact-finding of the lower court’s exclusive authority.

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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