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(영문) 대법원 2015.04.09 2015도73
강제추행
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts shall be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). The choice of evidence and 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). On the grounds indicated in its reasoning, the lower court reversed the judgment of the first instance that found the Defendant guilty and acquitted each of the charges of this case.

The allegation in the grounds of appeal is merely an error of the lower court’s judgment on the selection and probative value of evidence, which is a substantial judgment of the fact-finding court.

The judgment below

In light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the grounds of 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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