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(영문) 대법원 2014.07.24 2013도16227
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant A’s grounds of appeal, the lower court determined that each of the facts charged of the instant case against the said Defendant (excluding the part concerning the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against Sexual Abuse against Victims I) was recognized, and rejected the allegation of the grounds of appeal for misconception of facts disputing such determination

The allegation in the grounds of appeal is nothing more than disputing the judgment of the court below on the selection of evidence and its probative value, which belongs to the free judgment of the fact-finding court, or finding facts based on such judgment. In light of the evidence duly admitted, the court below did not err by exceeding the bounds of the free evaluation of evidence.

2. As to the Defendant B’s grounds of appeal, the lower court, on the grounds indicated in its reasoning, determined that the instant facts charged against the said Defendant were recognized, and rejected the allegation of the grounds of appeal concerning mistake of facts.

The allegation in the grounds of appeal is nothing more than disputing the judgment of the court below on the selection of evidence and its probative value, which belongs to the free judgment of the fact-finding court, or finding facts based on such judgment. In light of the evidence duly admitted, the court below did not err by exceeding the bounds of the free evaluation of evidence.

In addition, according to the records, there is no error of law as alleged in the grounds of appeal by the first instance court or the lower court.

Meanwhile, the argument that there is an error in the investigation process is not a legitimate ground for appeal, as it is alleged in the ground of appeal that the defendant did not consider it as the ground for appeal or that the court below did not consider it ex officio

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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