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(영문) 대법원 2015.11.12 2015도14345
아동ㆍ청소년의성보호에관한법률위반(위계등추행)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. The establishment of facts constituting the offense of the accused case shall reach the level of proof with no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection 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). For reasons indicated in its reasoning, the lower court did not accept the allegation of the Defendant and the defense counsel disputing the fact of indecent act against the victim, including the facts charged modified at the lower court.

The allegation in the grounds of appeal is merely an error in the judgment of the court below as to the choice of evidence and probative value, which belong to the free judgment of the court of fact-finding.

In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by failing to exhaust all necessary deliberations beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on “indecent act” in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse.

2. As to the case for which a request to attach an attachment order is filed, the appeal is deemed to have been filed regarding the case for which the defendant filed an appeal regarding the case for which the request to attach an attachment order is sought, but the appellate brief does not state the grounds therefor in the petition of

3. 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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