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(영문) 대법원 2013.07.26 2013도5077
상해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The Defendant’s argument in the grounds of appeal is that the Defendant’s act of indecent act by force is merely a time when he was forced to commit so by force from the victim, and thus constitutes self-defense, despite the fact-finding, the lower court found the Defendant guilty of the facts charged in this case by conducting another reliable fact-finding with the victim’s false statement, and rejected the allegation of self-defense

However, inasmuch as the recognition of facts and the selection and evaluation of evidence, which are the premise thereof do not exceed the bounds of the principle of free evaluation of evidence, it cannot be found that the court below exceeded the bounds of the principle of free evaluation of evidence even in light of the reasoning of the judgment below and the record, and the defendant's act does not constitute self-defense in such factual relations.

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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