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(영문) 대법원 2014.05.29 2013도5127
강제추행
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument in the grounds of appeal is that the court below convicted the defendant by finding a false fact with a reliable statement made by the victim, etc., which is unlawful, even though the defendant did not have by force as stated in the facts charged.

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

In light of the record, the court below did not exhaust all necessary deliberations or did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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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