logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.02.18 2015도19715
준강제추행
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

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). For the reasons stated in its reasoning, the lower court determined that the Defendant committed an indecent act against the victim, and that the Defendant had the ability to discern things or make decisions at the time, and did not reach a weak state, and rejected the allegation in the grounds of appeal as to mistake of facts and mental or physical disorder.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court’s fact-finding, and is merely an error in the determination of the lower court’s choice of evidence and probative value, which belong to the free judgment of the fact-finding court. Furthermore, 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 err in its judgment by misapprehending the legal doctrine regarding the crime of indecent conduct, contrary to what

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

arrow