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(영문) 대법원 2014.01.29 2013도14357
강간치상등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The Defendant’s argument in the grounds of appeal regarding the Defendant’s case is that the lower court found the Defendant guilty on the grounds of erroneous fact-finding based on the victim’s statement without credibility, although the Defendant did not have committed a crime as stated in the instant facts charged.

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof are within the discretionary power of the fact-finding court unless it exceeds the limit of the free evaluation of evidence.

The judgment below

Even if examining the reasoning in light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by failing to exhaust all necessary deliberations.

2. With respect to a case for which a request for attachment order is made, if the defendant files a final appeal against the case for which the request for attachment order is filed, the final appeal shall be deemed 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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