성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five years.
Sexual assault against the defendant for 80 hours.
1. Fact-finding based on the summary of the grounds for appeal: The victim's statement in an investigative agency on the crime of this case as stated in the facts charged of this case is specific and consistent, and is sufficient to be reliable due to circumstances that guarantee credibility and the statements of related persons; however, the court below judged otherwise that the victim's statement is insufficient to recognize the facts charged. This is due to fact-finding.
2. Determination
A. Article 308 of the Criminal Procedure Act, which provides the principle of free evaluation of relevant legal principles, provides that the probative value of evidence shall be based on the free evaluation of the judge’s existence of evidence is due to the fact that it conforms to the discovery of substantial truth. Therefore, a judge of the court of the fact that a judge of the court has a full right to the determination of evidence should take into account the perception obtained in the trial proceedings and the examined evidence
In addition, the judge's decision on the probative value of evidence must be consistent with logical and empirical rules, and the degree of formation of a conviction to be found guilty in a criminal trial should be such that there is no reasonable doubt. However, it is not required to exclude all possible doubts, and rejection by causing suspicions with probative value without reasonable grounds is not allowed as exceeding the bounds of the principle of free evaluation of evidence. The term "reasonable doubt" in this context refers to a reasonable doubt as to the probability of facts that are inconsistent with facts that are not necessary in accordance with logical and empirical rules, rather than all questions and correspondences, and it cannot be said that the doubt based on conceptual or abstract possibility is included in a reasonable doubt (see Supreme Court Decision 2010Do12728, Jan. 27, 2011). (b) A court in order to determine the credibility of the victim's statement, etc. supporting the facts charged.