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(영문) 대법원 2016.08.18 2016도774
도로교통법위반(무면허운전)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

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 preparation of evidence and the 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 the reasons stated in its reasoning, the lower court, on the grounds as indicated in its reasoning, found the Defendants guilty of the facts constituting the crime in the first instance judgment, and determined that the deliberation and judgment were legitimate, and rejected the Defendants’ assertion of the facts alleged in the first instance judgment, and rejected the grounds for appeal for

The allegation in the grounds of appeal is the purport of disputing such finding of facts by the lower court. It is nothing more than denying the lower court’s determination on the selection and probative value of evidence, which belongs to the free judgment of the fact-finding court. In addition, even when 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, or by exceeding the bounds of the principle of trial on the degree

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

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