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(영문) 대법원 2017.09.07 2017도9044
강제집행면탈
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The conviction in a criminal trial shall be based on evidence with probative value sufficient to have a judge correct doubt that the facts charged are true, and if there is no such proof, the conviction may not be judged on the charge even if there is suspicion of guilt against the defendant (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). Furthermore, 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). On the grounds stated in its reasoning, the court below held that the evidence submitted by the prosecutor alone does not constitute a false transfer or concealment of property, and that there was a purpose of evading compulsory execution against the defendants.

We agree with the first deliberation decision that cannot be readily concluded.

Recognizing the Prosecutor's misunderstanding of facts and misapprehension of the legal principles, the Prosecutor did not accept the grounds of appeal.

The allegation in the grounds of appeal is the purport of dispute over the recognition of facts that led to the above judgment of the court below as above, and it is nothing more than denying the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the court of fact-finding. In addition, even if examining the reasoning of the judgment below in light of the above legal principles and records, the judgment of the court below did not err by exceeding the bounds of free

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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