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(영문) 대법원 2015.01.29 2014도15557
특정경제범죄가중처벌등에관한법률위반(사기)등
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 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). Based on its stated reasoning, the lower court determined that all of the charges of this case relating to the new construction of Htel, including the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) related to the new construction of the commercial building

The allegation in the grounds of appeal is merely an error of the lower court’s determination on the selection and probative value of evidence, which actually belongs to the free judgment of the fact-finding court.

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned 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 in violation of logical and empirical rules, or by failing to exhaust all necessary deliberations in violation of the trial procedures concerning the collection of evidence and the resumption of pleadings, etc.

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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