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(영문) 대법원 2015.07.23 2015도7082
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Defendant case;

A. Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the 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). On the grounds indicated in its reasoning, the court below rejected the Defendant’s argument that there was a violation of the Act on the Punishment of Sexual Crimes, Protection of Victims Thereof (Rape, etc. of Minors under the age of 13), violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape by Minors under the age of 13), violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape by Relatives), violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape by Relatives), violation of the Act on the Punishment, etc. of Sexual Crimes (Indecent Act by blood relationship), violation of the Act on the Punishment, etc. of Sexual Crimes

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 exhaust all necessary deliberations as alleged in the grounds of appeal, or did not err in exceeding the bounds of the principle of free evaluation

B. Examining the reasoning of the lower judgment in light of various circumstances that form the conditions for sentencing as indicated in the records, such as the Defendant’s age and criminal environment, relationship with the victim, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court also takes into account the circumstances asserted by

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