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(영문) 대법원 2016.05.24 2016도2143

강제추행등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The grounds of appeal are as follows: although the defendant did not commit an indecent act against the victim as stated in the facts charged, the court below found the defendant guilty by recognizing the wrong facts based on the victim's contradictory statement and without credibility, and by misunderstanding the legal principles as to the joint principal offender, and the judgment of the court below is also unfair, so the judgment of the court below is unlawful.

However, as long as the recognition of facts and the selection and evaluation of evidence conducted on such premise do not deviate from the bounds of the principle of free evaluation of evidence, the ground of appeal is the exclusive authority of the fact-finding court. The allegation in the grounds of appeal is not a legitimate ground of appeal since it contests the recognition of facts belonging to the exclusive authority of the court below, or asserts misunderstanding of the legal principles on the premise of facts different from the facts acknowledged by the court below, and the defendant is sentenced to imprisonment for less than 10 years cannot be a legitimate ground of appeal.

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