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(영문) 대법원 2017.03.22 2016도13871
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument in the grounds of appeal is that the court below erred by failing to comply with the rules of evidence or failing to exhaust all necessary deliberations, although the defendant did not commit an indecent act against the victim who was locked by the defendant.

However, the recognition of facts, the selection and evaluation of evidence is within the discretionary power of the fact-finding court unless it goes beyond the limit of free evaluation of evidence.

The judgment below

In light of the record, even if examining the reasoning of the judgment below, the recognition of the facts exceeded the limit of free evaluation of evidence.

shall not be deemed to exist.

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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