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(영문) 대법원 2017.12.28 2017도17748

성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the lower court, the lower court was justifiable to have found the Defendant guilty of violating the Act on the Punishment of Sexual Crimes and Protection of Victims, Etc. (special robbery, etc.) among the facts charged in the instant case on the grounds stated 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 on the number of crimes, without exhausting all necessary deliberations as alleged in the grounds of appeal

In addition, even upon examining the record, the lower court erred by infringing on the right to assistance of counsel as alleged in the grounds of appeal and thereby affecting the conclusion of the judgment.

It does not appear.

Meanwhile, the argument that the court of first instance did not have sufficient assistance of counsel, or that the court below did not make any statement in each interrogation protocol and each interrogation protocol prepared by the judicial police assistant, and that the admissibility of evidence is disputed, is not a legitimate ground for appeal, since the defendant's assertion that the defendant did not use it as the ground for appeal or the court below did not use it as the object of judgment ex officio.

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