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(영문) 대법원 2020.03.26 2020도1048
강간등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by Defendant A, the lower court convicted Defendant A of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use of Cameras, etc.) and intimidation among the facts charged against Defendant A.

Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the admissibility of voluntary

2. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant B’s grounds of appeal, an appeal may be filed on the ground that the lower court’s judgment erred by grave mistake of facts has influenced the judgment, only in cases where the death penalty, life imprisonment, or imprisonment with or without

Therefore, in this case where a more minor punishment is imposed on Defendant B, the lower court’s determination of evidence selection and probative value, or its factual basis, or the assertion that points out the misapprehension of legal principles on the premise of facts different from the facts recognized by the lower court is not a legitimate ground for 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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