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(영문) 대법원 2016.06.10 2016도4614
성폭력범죄의처벌등에관한특례법위반(특수강제추행)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons stated in its reasoning, the lower court recognized that the first instance judgment convicting the criminal facts in the judgment of the first instance court that committed an indecent act against the victim was justifiable, and rejected the allegation in the grounds of appeal as to mistake of facts.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court’s fact-finding, and is merely an error in the determination of the lower court’s choice of evidence and probative value, which belong to the free judgment of the fact-finding court. In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding intimidation of indecent act by force and intimidation, or by failing to exhaust all necessary deliberations, contrary to logical and empirical rules, thereby exceeding the bounds

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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