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(영문) 대법원 2017.01.25 2016도19706
강간미수
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to Article 316(2) of the Criminal Procedure Act, when a statement made by a person other than the defendant at a preparatory hearing or on a trial date is the content of a statement made by another person who is not the defendant, such statement may not be made because the person who made the original statement has died, is ill, resides in a foreign country, his/her whereabouts is unknown, or for any other similar reason, and it may be admitted as evidence only when it is proved that the statement was made under particularly reliable

The Act stipulates.

According to the records, in the court of first instance, the part of the witness G’s statement stating that “the victim’s wife was released from the wife confirming the condition of the victim, and the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

However, as examined below, the remaining evidence except this part of this case can be fully convicted of the facts charged of this case. Thus, the above error of the court below did not affect the judgment.

B. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds stated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by violating the principle of presumption of

Therefore, the appeal is dismissed. It is so decided by all participating Justices.

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