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(영문) 대법원 2017.06.08 2017도5023
특수강도등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument in the grounds of appeal is that the judgment of the court below is unlawful, since the court below erred in finding facts against the rules of evidence, even though I did not have any participation or conspiracy in inducing victims to commit sexual traffic and forced them to commit sexual traffic for the purpose of sexual traffic.

However, the recognition of facts, the selection and evaluation of evidence is within the discretionary power of the fact-finding court unless it goes beyond the limit of free evaluation of evidence.

The judgment below

In light of the record, even if examining the reasoning of the judgment below, the recognition of the facts exceeded the limit of free evaluation of evidence.

The assertion that in this case where a sentence of imprisonment with labor for less than 10 years is imposed against the defendant is too unreasonable is not a legitimate ground for 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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