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(영문) 대법원 2015.10.29 2015도12440

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)

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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The gist of the grounds of appeal is that the judgment of the court below is unlawful, since the court below convicted the defendant by finding wrong facts in violation of the rules of evidence against the victim's statement without credibility, although the defendant did not restrain the defendant from committing any crime as stated in the facts charged.

However, the fact finding and the selection and evaluation of evidence conducted based on it belong to the exclusive authority of the fact-finding court unless they exceed the bounds of the principle of free evaluation of evidence. Thus, even if examining the reasoning of the judgment below in light of the evidence duly admitted by the court of first instance and the court of first instance, there is no ground to believe that the judgment of the court below exceeded

Ultimately, we cannot accept the allegation in the grounds of appeal merely disputing the fact-finding that belongs to the exclusive authority of the court below.

On the other hand, with respect to the request for attachment order, there is no statement of reasons in the petition of appeal and there is no statement of reasons for objection in the appellate brief.

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