logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2017.08.18 2017도7941
강제추행상해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

The judgment below

Examining the reasoning of the first instance judgment maintained by the lower court in light of the evidence duly admitted, the lower court is justifiable to have found the Defendant guilty of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) among the facts charged in the instant case on the grounds of the facts and circumstances stated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine on the recognition of the constituent facts based on the Defendant’s specific and indirect evidence, or by misapprehending the bounds of the principle of free evaluation in violation of logical and empirical rules.

On the other hand, the grounds of appeal, such as misconception of the fact that the indecent act (a misunderstanding of recognized criminal injury) alleged in the supplementary statement of reasons for appeal, which was not timely filed, are new assertions that were not alleged in the grounds for appeal, and cannot be viewed as legitimate grounds for appeal.

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

arrow