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(영문) 대법원 2017.06.29 2017도5712
준강제추행
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below has influenced the judgment by grave mistake of facts.

In addition, the argument that only contests the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the fact-finding court or the recognition of facts based thereon is not a legitimate ground for appeal.

Examining the reasoning of the lower judgment in light of the reasoning of the lower judgment’s allegation on the grounds of appeal disputing the lower court’s determination that did not accept the allegation of the grounds of appeal as to mistake of facts and mental and physical disorder, the aforementioned allegation merely causes the lower court’s determination on the selection and probative value of evidence or the fact-finding based on which the lower court actually belongs to the lower court’s

In addition, the judgment of the court of first instance that maintained the judgment of the court below that ordered the completion of sexual assault treatment programs for 40 hours, considering that there are no special circumstances in which the defendant cannot be ordered to complete the programs, even after examining the evidence duly adopted in light of the records, including the evidence duly adopted, is not erroneous as

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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