beta
(영문) 대법원 2014.02.21 2013도16261

성폭력범죄의처벌등에관한특례법위반(강간등치상)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes concerning Injury resulting from indecent act among the facts charged

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the relevant legal principles

In addition, examining the reasoning of the judgment below in light of the records, it is also justifiable for the court below to reject the assertion on mental and physical disability of the defendant and the person who requested an attachment order (hereinafter referred to as "the defendant").

The ground of appeal on this point is without merit.

2. We affirm the judgment of the court below that the defendant is in danger of re-offending, in full view of all the circumstances indicated in the records, such as the character and conduct, age, content of each of the crimes in this case, motive and method of the crime, and circumstances after the crime.

There is no error of misunderstanding the legal principles as to the mistake of facts or the risk of recidivism, as alleged in the grounds of appeal.

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