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(영문) 대법원 2019.10.31 2019도10167
재물손괴등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that convicted all of the facts charged of this case.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, misapprehending the legal doctrine on Amendments to Bill of Indictment and the principle of no accusation.

In addition, the ground of appeal that the court below found the defendant guilty by erroneous determination of the credibility of evidence is merely an error of the judgment of the court below as to the selection of evidence and probative value of the court of fact-finding.

Furthermore, even if examining the reasoning of the lower judgment in light of the relevant legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence.

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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