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(영문) 대법원 2016.01.28 2015도18300
강제추행등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the 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). For the reasons stated in its reasoning, the lower court was justifiable in the first instance judgment that the fact that the Defendant committed an indecent act against the victim, such as the criminal facts in the first instance judgment, is recognized.

On the other hand, the grounds of appeal as to mistake of facts and misapprehension of legal principles were rejected.

The allegation in the grounds of appeal that such determination by the lower court is erroneous is the purport of disputing the lower court’s finding of facts, and it is nothing more than denying the lower court’s determination on the selection and probative value of evidence, which belongs to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on indecent act committed in

In addition, the argument that there was a violation of the Constitution or misunderstanding of the legal principles as to each violation of political fund law among the judgment below, is not a legitimate ground for appeal, and it is not a legitimate ground for appeal, and even in light of the evidence duly adopted, the court below’s conclusion that affirmed the judgment of the court of first instance which found the Defendant guilty of this part of the charges, is not erroneous as otherwise alleged in the grounds for appeal.

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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