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(영문) 대법원 2019.07.25 2019도6807

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court convicted all of the charges of this case.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine on the probative value and credibility of the victim’s statement.

In addition, examining various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age and behavior environment, relationship with the victim, motive means and consequence of each of the instant crimes, etc., the lower court cannot be deemed to have sentenced to 14 years of imprisonment to the Defendant even when considering the circumstances asserted in the grounds of appeal.

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