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(영문) 대법원 2016.2.18.선고 2014도9574 판결
성폭력범죄의처벌등에관한특례법위반(13세미만미성·년자강간등)(인정된죄명:폭행)
Cases

2014Do9574 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Adult Rape, etc.) (Name of recognised Crime: Violence)

Defendant

A person shall be appointed.

Appellant

Defendant

Defense Counsel

B Law Firm (Attorney S, T, C, and U)

Judgment of the lower court

Busan High Court (Chowon) Decision 2013Do439 Decided July 9, 2014

Imposition of Judgment

February 18, 2016

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, the lower court was justifiable to have found the Defendant guilty of the assault, which is the ancillary charge of this case, on the grounds indicated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine

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

Justices Park Jae-young

Justices Ko Young-han

Justices Lee In-bok

Justices Kim Gin-young

Chief Justice Lee Ki-taik

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