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(영문) 대법원 2013.03.28 2013도1175
강제추행등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The Defendant’s argument in the grounds of appeal is the purport that the lower court was unlawful because the lower court convicted the Defendant by making a false fact-finding of the victim’s false statement, even though the Defendant did not have committed an indecent act by compulsion, such as the entries in the facts charged in the instant case, and rather was in contact with the victim.

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof are within the discretionary power of the fact-finding court unless it exceeds the limit of the free evaluation of evidence.

The judgment below

In light of the reasons and records, the court below cannot find out the reason that the court below exceeded the above limits.

Therefore, the above argument in the grounds of appeal is merely to criticize matters falling under the exclusive right of the court of original judgment, and it cannot be a legitimate ground of 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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