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대법원 2014.09.24 2014도8613
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant B in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have found Defendant B guilty of the death resulting from confinement on the part of the facts charged in this case against Defendant B on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence

2. Examining the reasoning of the lower judgment in light of the records, it is justifiable for the lower court to maintain the first instance judgment that acquitted Defendant A of the facts charged in this case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence and exceeding the bounds of the logical and empirical rules, or by misapprehending the legal doctrine on “specific conditions” under Article 3

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