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(영문) 대법원 2016.08.29 2016도8551
성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate brief filed on July 18, 2016, to the extent of supplement in case of supplemental appellate brief).

1. Criminal facts have been proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection and probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). The grounds of appeal purported to dispute the lower court’s fact-finding that the Defendant and the respondent for an attachment order did not have any mental or physical condition at the time of the instant crime, and it is merely an error of the lower court’s determination on the selection and probative value of evidence, which actually belongs to the free judgment of the fact-finding court. Furthermore, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the relevant legal principles as well as the records, including the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on the determination of mental or physical disorder, etc. or by exceeding the bounds of free

2. In the event that an appeal is filed with respect to the case for which the request for attachment order is filed, the appeal shall be deemed to have been filed regarding the case for which the request for attachment order is filed, but the appeal shall not include the grounds of objection in the petition of

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

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