logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2013.09.27 2013도6977
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The Defendant’s argument in the grounds of appeal regarding the Defendant case is that the lower court found the Defendant guilty by making an erroneous fact-finding, despite that the Defendant did not have rape or committed an indecent act on his/her friendship as stated in the facts charged of the instant case. The lower court’s judgment is unlawful.

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof belong to the exclusive authority of the fact-finding court unless they exceed the bounds of the principle of free evaluation of evidence. Even if examining the reasoning of the judgment below in light of the records, it is not possible to find any ground to view that the court below exceeded the limit of the principle of free evaluation of evidence in the fact-finding or judgment of evidence

2. With respect to the case for which the request for attachment order is filed, if the defendant files an appeal against the case for which the request for attachment order is filed, the appeal shall be deemed filed.

However, there is no indication of the reason in the petition of appeal and there is no ground for appeal on this part.

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

arrow