성폭력범죄의처벌등에관한특례법위반(13세미만미성·년자강간등)(인정된죄명:폭행)
2014Do9574 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes
Adult Rape, etc.) (Name of recognised Crime: Violence)
A person shall be appointed.
Defendant
B Law Firm (Attorney S, T, C, and U)
Busan High Court (Chowon) Decision 2013Do439 Decided July 9, 2014
February 18, 2016
The appeal is dismissed.
The grounds of appeal are examined.
Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, the lower court was justifiable to have found the Defendant guilty of the assault, which is the ancillary charge of this case, on the grounds indicated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Ko Young-han
Justices Lee In-bok
Justices Kim Gin-young
Chief Justice Lee Ki-taik