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(영문) 대법원 2013.09.26 2013도9531
강제추행
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The defendant's argument in the grounds of appeal is that the court below found the defendant guilty by finding wrong facts or by misunderstanding legal principles although the defendant did not commit an indecent act against the victim.

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof are within the discretionary power of the fact-finding court unless it exceeds the limit of the free evaluation of evidence.

Although examining the reasoning of the first instance judgment cited by the lower court in light of the record, it is impossible to find out the grounds that the lower court exceeded the bounds of the principle of free evaluation of evidence, and there is no error of law by misapprehending the legal doctrine

Therefore, by the assent of all participating Justices, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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