(영문) 대법원 2018.09.13 2018도2842 | 리걸엔진

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(영문) 대법원 2018.09.13 2018도2842

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

1. Examining the evidence duly adopted and examined by the lower court and the first instance court on the grounds of appeal regarding the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (i.e., Cameras, etc.), intimidation, and assault on April 2014, the lower court was justifiable to have found the Defendant guilty of the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (i.e., Cameras, etc.) (ii) of the facts charged in the instant case on April 2014, on the grounds stated in its reasoning.

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation against logical and empirical rules, or by misapprehending the legal doctrine on the determination of the credibility of the victim’s statement, thereby adversely affecting the conclusion of the judgment.

2. As to the grounds of appeal on rape and injury, the lower court acknowledged the credibility of the victim’s statement consistent with this part of the facts charged, and determined that this part of the facts charged was proven to the extent that there is no reasonable doubt, and reversed the first instance judgment that acquitted the Defendant of this part of the facts charged and found the Defendant guilty.

Examining the relevant legal principles and the evidence duly adopted and examined by the first instance court, the lower court’s reasoning was partially insufficient, but the lower court’s conclusion that found the Defendant guilty of this part of the facts charged is justifiable.

In doing so, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the probative value of evidence and the credibility of the victim’s statement.

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법

유사 판례

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