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(영문) 대법원 2017.08.18 2017도8452

강간상해등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements of grounds of appeal not timely filed).

1. The grounds of appeal by the defendant in the case are as follows: although the defendant and the person who requested the attachment order (hereinafter "the defendant") did not commit rape by assaulting the victim, the court below erred by misapprehending the relevant legal principles, thereby finding the defendant guilty; thus, the court below erred by misapprehending the relevant legal principles.

However, the recognition of facts, the selection and evaluation of evidence is within the discretionary power of the fact-finding court unless it goes beyond the limit of free evaluation of evidence.

The judgment below

In light of the record, even if examining the reasoning of the judgment below, the recognition of the facts exceeded the limit of free evaluation of evidence.

In light of such facts, the lower court did not err by misapprehending the relevant legal doctrine in determining that the Defendant recognized the crime of rape and the crime of rape.

2. Examining the reasoning of the lower judgment regarding the request for attachment order, in light of the record, the lower court has a risk of recommitting a sexual crime

It is reasonable to order the attachment of an electronic tracking device for a period of ten years, and there is no violation of law as alleged in the grounds of appeal.

3. The Defendant’s final appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.