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(영문) 대법원 2017.03.09 2016도10787
허위공문서작성등
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 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). For the reasons stated in its reasoning, the lower court may recognize the criminal facts in the first instance judgment, including the purpose of the exercise of the Defendant’s intentional or false official document, and it is difficult to view that the illegality or responsibility should be avoided.

Based on the judgment, we rejected the defendant's allegation of the grounds for appeal as to mistake of facts or misunderstanding of legal principles.

The assertion of the lower court’s assertion disputing fact-finding is merely an error of free judgment on the evidence selection and probative value of the lower court, which is a fact-finding court’s legal ground. In addition, even when 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 by misapprehending the legal doctrine on the elements of intentional act, purpose of exercise, and falsity, etc., such as mistake of law under Article 16 of the Criminal Act, justifiable act, emergency escape, possibility of expectation, etc., and by misapprehending the legal doctrine on the grounds of denial of responsibility, or by exceeding the bounds of free evaluation principle, or by omitting part of the protocol

Meanwhile, examining the reasoning of the lower judgment on the grounds of appeal that the lower court erred by misapprehending the legal doctrine on the method of sentencing and sentencing, or by violating the principle of equality, in light of the principle of balance or the principle of responsibility, this constitutes an unfair assertion of sentencing.

According to Article 383, Paragraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is sentenced, an appeal for sentencing is allowed, and thus, the defendant is punished by a fine.

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