성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영),협박,폭행,상해,강간
2018Do2842 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Use of Cameras, etc.)
(a)pict, intimidation, assault, bodily injury, rape;
A
Defendant
Law Firm (LLC) B
Attorney C, D
Law Firm (LLC) AV
Attorney AW, AX, AY, and AZ
Seoul High Court Decision 2016No1574 Decided January 30, 2018
September 13, 2018
The appeal is dismissed.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to the ground of appeal on the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes”), intimidation, and assault on April 2014
Examining the evidence duly adopted and examined by the lower court and the first instance court, it is justifiable to have determined that the lower court found the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (excluding the part of innocence), intimidation, and assault on April 2014 among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, it did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on the determination of the credibility of the victim’s statement, thereby adversely affecting the conclusion of the judgment.
2. As to the ground of appeal on rape and bodily injury
The court below reversed the judgment of the court of first instance that acquitted the victim of this part of the facts charged on the ground that the credibility of the victim's statement corresponding to this part of the facts charged can be recognized, and that if the evidence submitted by the prosecutor is presented, this part of the facts charged is proved beyond reasonable doubt, and found
Examining the relevant legal principles and evidence duly adopted and examined by the first instance court, the lower court’s reasoning was partially insufficient, but its conclusion that found the Defendant guilty of this part of the charges is justifiable. 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 exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on the probative value
3. Conclusion
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Min Il-young
Chief Justice Cho Jae-hee
Justices Kim Jae-in
Justices Lee Jae-hwan