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(영문) 대법원 2015.03.20 2015도370
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The selection of evidence and the recognition of facts regarding the accused case belong to the exclusive authority of the fact-finding court unless it goes beyond the bounds of the principle of free evaluation of evidence. Examining the evidence duly admitted by the first instance court that maintained the reasoning of the judgment below in light of the evidence duly admitted, the court below held that all of the charges of this case (excluding the part on acquittal in the grounds) against the accused and the respondent A (hereinafter "defendant") and the defendant B were guilty on the grounds as stated in its reasoning. There is no ground to believe that the court below exceeded the bounds of the principle of free evaluation of evidence against logical and empirical rules, and there is no error of law by misapprehending the legal principles in the judgment of the court below that

2. As to the case of Defendant A’s claim for attachment order against Defendant A, inasmuch as Defendant A filed a final appeal against the case of the accused case, the case of the case of application for attachment order is deemed to have been filed

However, there is no entry of reasons in the petition of appeal or there is no entry of reasons for objection in the petition of appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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