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(영문) 대법원 2014.07.24 2014도6653
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below’s determination that the charged facts of this case were guilty on the grounds as stated in its reasoning is justifiable. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on the probative value of evidence to recognize a guilty or by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by omitting the judgment.

In addition, the argument that there is an error of mistake or misapprehension of legal principles as to mental disorder in the judgment of the court below is not a legitimate ground for appeal, which is alleged in the ground for appeal by the defendant as the ground for appeal or by the court below as the subject of

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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