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(영문) 대법원 2015.01.29 2014도15732

강간등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument in the grounds of appeal is that the court below erred in fact-finding although the defendant did not have rape by threatening or threatening the victim, and the amount of punishment is also unfair, so the judgment below is unlawful.

However, the fact finding and the selection and evaluation of evidence based on it belong to the exclusive authority of the fact-finding court unless they exceed the bounds of the principle of free evaluation of evidence. Thus, even if examining the reasoning of the judgment below in light of the records, it cannot be found that the court below exceeded the bounds of the principle of free evaluation of evidence. The allegation of unfair sentencing in this case where imprisonment for less than 10 years against the defendant is sentenced is not

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.