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(영문) 대법원 2019.10.31 2019도12564
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds indicated in its reasoning, the lower court found the Defendant guilty of the instant facts charged (excluding the part concerning acquittal and dismissal of prosecution).

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on illegally collected evidence, warrant principle, and presumption of innocence.

The issue of whether to adopt an application for examination as evidence falls under the discretion of the court, and even if the court below did not accept the application for appraisal by the defendant and the requester for probation order (hereinafter referred to as "defendant"), it cannot be said that the court below violated the defendant's right to defense and the right to legitimate trial and violated the principle of trial on evidence.

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

However, there is no statement of grounds for objection in the petition of appeal or the appellate brief.

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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