성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
The appeal is dismissed.
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 found the above facts guilty on the grounds that credibility exists in the statements of the victims who correspond to the facts charged in the court below, and that some of the dates and dates of the facts charged in this case are not unspecified to the extent of hindering the defendant's exercise of right to defense, and rejected
The grounds of appeal are purporting to dispute such fact-finding by the lower court, and it is merely erroneous for the lower court’s determination on the selection and probative value of evidence belonging to the free judgment of the lower court. While examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the right to specific
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.