Supreme Court mandates appellate courts to independently evaluate evidence under Art. 233 § 1 KPC, dismissing the lower court's reliance on prior findings.

The Supreme Court dismissed the cassation appeal against a pension denial, ruling that the appellate court failed to independently evaluate evidence as required by law. The applicant argued the lower court improperly relied on expert opinions without its own comprehensive assessment of medical records and radiological images. The court held that regardless of whether new evidence is introduced or prior findings are split, the second instance court must always exercise its own free evaluation of the evidence under Article 233 § 1 of the Code of Civil Procedure.