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(영문) 대법원 2015.02.12 2014도13326
유가증권위조등
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). For reasons indicated in its reasoning, the court below rejected the grounds of appeal as to the mistake of facts, on the ground that since the Defendant stated the amount of the Promissory Notes in excess of the supplementary authority of the Promissory Notes in this case and exercised it, the crime of forging securities

The allegation in the grounds of appeal disputing such a judgment by the lower court is merely an error of the lower court’s determination of evidence and probative value, which belong to the free judgment by the fact-finding court.

In addition, even if the reasoning of the lower judgment is examined in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the degree of proof necessary for conviction in criminal proceedings, the principle of trial on evidence, and the criminal intent of the same Article, or by exceeding the bounds of the principle of free evaluation of evidence

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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