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(영문) 대법원 2019.03.14 2018도20831
준강간등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to the Defendant’s grounds of appeal, an appeal may be filed on the ground that the lower judgment erred by grave mistake of facts has influenced the judgment, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for

Therefore, in this case where a more minor sentence is imposed on the defendant, the argument that the court below's decision on the selection of evidence and probative value or its factual basis is not a legitimate ground for appeal.

2. As to the prosecutor’s grounds of appeal, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime regarding each of the facts charged in the instant case’s indecent act.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the relevant legal principles.

3. 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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