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(영문) 대법원 2017.02.09 2016도19984
아동ㆍ청소년의성보호에관한법률위반(강간)등
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 acknowledged the criminal facts in the first instance judgment and rejected the Defendant’s claim disputing the facts, and rejected the allegation of the grounds for appeal as to mistake of facts.

The allegation in the grounds of appeal is the purport of disputing the recognition of facts that served as the basis of the judgment of the court below. It is nothing more than denying the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the court of fact-finding. In addition, even if examining the reasoning of the judgment below in light of the aforementioned legal principles and the evidence duly admitted, the court below did not err by misapprehending the legal principles on the principle of trial of evidence, etc., or by exceeding the bounds of

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

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