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(영문) 대법원 2016.02.18 2015도18639
상해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts shall be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). 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). For reasons indicated in its reasoning, the lower court: (a) proven that the facts charged in the instant case are beyond a reasonable doubt.

It is difficult to see

Based on the judgment of the court of first instance which found the defendant guilty, the court reversed the judgment and acquitted the defendant.

The allegation in the grounds of appeal is the purport of disputing the determination of facts by the lower court. It is nothing more than denying the lower court’s determination as to the choice of evidence and probative value, which belong 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 principles and records, the lower court did not exhaust all necessary deliberations as alleged in the grounds of appeal, and did not err by exceeding the bounds of the principle of

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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