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(영문) 대법원 2017.02.09 2016도19833
강제추행
Text

The appeal is 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 determined that the Defendant’s indecent act against the victim as stated in the judgment of the first instance court is recognized, and rejected the Defendant’s allegation in the grounds of appeal as to the mistake of facts or misapprehension of the legal doctrine.

The allegation in the grounds of appeal is the purport of disputing the determination of facts that form the basis of the judgment of the court below. It is nothing more than denying the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the court of fact-finding. In addition, even when examining the reasoning of the judgment below in light of the aforementioned legal principles and the evidence duly admitted, the court below did not err by misapprehending the legal principles on the coercion and intentional act of indecent act, etc., as alleged in the grounds of appeal, or by exceeding the bounds of free

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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