logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2014.11.27 2014도12728
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

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 and probative value of evidence conducted on the premise of fact finding belongs to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). For reasons indicated in its reasoning, the lower court determined that the first instance court, which found the Defendant guilty of these facts charged, was justifiable, and rejected the allegation in the grounds of appeal as to the mistake of facts against which the Defendant asserted the facts charged.

The allegation in the grounds of appeal disputing such fact-finding and judgment by the lower court is merely an error of the lower court’s determination on the selection and probative value of evidence belonging to the free judgment of the fact-finding court. While examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules

(However, the lower court’s six 19th instance judgment’s “from June 25, 2010” appears to have mistakenly stated “from June 25, 2013.” Meanwhile, the allegation that the part of the charges in the grounds of appeal, among the grounds of appeal, violates Article 254(4) of the Criminal Procedure Act because it did not properly specify the facts charged, violates Article 254(4) of the Criminal Procedure Act, is the grounds for appeal, or the lower court newly asserts that it was not subject to an ex officio determination

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow