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(영문) 대법원 2020.02.13 2019도14341
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

All appeals are dismissed.

Reasons

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

1. Defendant case

A. Based on its stated reasoning, the lower court acknowledged the criminal facts of the guilty portion.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the timing of commencing the commission of assault and inducement of sexual intercourse in the crime

In addition, even in light of the record, the lower court did not err by infringing the Defendant’s cross-examination right in the trial proceedings.

B. Next, we examine the ground of appeal on the exclusion of illegally collected evidence.

1. Article 215(1) of the Criminal Procedure Act provides, “The public prosecutor may seize, search or inspect evidence according to a warrant issued by a judge of the competent district court upon request of the public prosecutor only if there are circumstances likely to suspect that a suspect has committed a crime if necessary for the investigation of crimes and if it is deemed that such crime is related to the relevant case.

Therefore, in case of seizure of a separate evidence irrelevant to the facts of the offense on which a warrant was issued, it cannot be used as evidence of conviction in principle.

However, the result of search and seizure can be used as evidence of guilt in the case of the crime which is the object of search and seizure or related crimes.

The term "crimes related to the suspected criminal facts of a warrant of search and seizure" means crimes which are objectively related to the criminal facts stated in a warrant of search and seizure and are related to the person subject to a warrant of search and seizure and the suspect.

Among them, the objective relevance to the facts of suspicion stated in the search and seizure warrant is directly related to the same crime.

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