beta
(영문) 대법원 2013.05.09 2013도3441

강제추행

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Of the Defendant’s argument in the grounds of appeal, the Defendant did not commit a crime as indicated in the facts charged in the instant case, but did not accept the Defendant’s application for on-site inspection and found the Defendant guilty on the sole basis of the victim’s false statement, etc., the purport of the lower court’s finding of facts and ruling of

However, the recognition of facts and the selection and evaluation of evidence, which are the premise thereof, belong to the exclusive authority of the fact-finding court unless it exceeds the limit of the free evaluation of evidence

The judgment below

Even if examining the reasoning of the record in light of the record, it is not recognized that the judgment of the court below is unlawful in violation of the principle of free evaluation of evidence.

Therefore, the above ground of appeal is merely to criticize matters falling under the exclusive right of the court below, and it cannot be a legitimate ground of appeal.

Meanwhile, the remaining grounds of appeal are not legitimate grounds of appeal, or they do not constitute legitimate grounds of appeal under Article 383 of the Criminal Procedure Act, as they are asserted in the grounds of appeal that the defendant did not consider them as grounds of appeal or are not subject to

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