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(영문) 대법원 2015.07.23 2015도8088
사기
Text

The appeal is 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 selection of evidence and 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). The lower court, based on its stated reasoning, determined that a conspiracy relationship between the Defendant and E is recognized, rejected the grounds for appeal as to mistake of facts or misapprehension of legal principles in dispute.

The allegation in the grounds of appeal is merely an error of the judgment of the court below as to the selection and probative value of evidence belonging to the free judgment of the court of fact-finding, and even if examining the reasoning of the judgment below in light of the aforementioned legal principles and relevant legal principles as well as the evidence duly adopted, the judgment of the court below is not erroneous in the misapprehension of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in

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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