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(영문) 대법원 2015.09.15 2015도11208
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The argument in the grounds of appeal as to the Defendant case is that the Defendant and the person requesting probation order (hereinafter “Defendant”) only provided dental intercourse with the consent of the victim, but the lower court found the Defendant guilty of this part of the facts charged by finding wrong facts by violating the rules of evidence or failing to exhaust all necessary deliberations. The purport of the lower judgment is that the lower court’s judgment is unlawful.

However, since the fact finding and the selection and evaluation of evidence conducted based on it belong to the exclusive authority of the fact-finding court unless they exceed the bounds of the principle of free evaluation of evidence, the reasoning of the judgment below is not found to have exceeded the limit of the principle of free evaluation of evidence in light of the records.

2. When a defendant files an appeal against a prosecuted case regarding a request for probation order, an appeal shall be deemed filed regarding a request for probation order.

However, there is no entry of reasons in the petition of appeal and there is no entry of reasons for objection in the petition of appeal.

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

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