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(영문) 대법원 2016.03.24 2016도431
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental reasons of appeal not timely filed).

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the 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). For the reasons stated in its reasoning, the lower court recognized all criminal facts in the judgment below as guilty, and rejected the Defendant’s assertion of facts as to the part concerning the punishment of sexual crimes and violation of the Act on the Protection, etc. of Victims of Sexual Crimes (Indecent Acts by blood relatives), violation of the Act on the Protection, etc. of Juveniles from Sexual Abuse (Indecent Acts such as deceptive schemes) among them, and violation of the Act on the Protection

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court’s fact-finding, and is merely an error in the determination of the lower court’s choice of evidence and probative value, which belong to the free judgment of the fact-finding court. Moreover, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not exhaust all necessary deliberations as alleged in the grounds of appeal, but did not err by exceeding the bounds of the principle of free evaluation of evidence or by misapprehending

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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