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(영문) 대법원 2013.09.12 2013도5931
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment, the court below was just in finding the Defendant guilty of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) among the facts charged in the instant case on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of the logical and empirical rules

Meanwhile, the court below's assertion that there was an error of law in violation of the Act on Special Measures for the Control of Public Health Crimes (unlawful medical service providers) or in violation of the Confession Reinforcement Act is not a legitimate ground for appeal, as it is alleged in the ground for appeal by the defendant only when the court below did not regard it as the ground for appeal

Furthermore, even after examining records, there is no error as claimed in the judgment below as the grounds for appeal.

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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