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(영문) 대법원 2016.10.13 2016도8037
성폭력범죄의처벌등에관한특례법위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court was justifiable to have determined that all of the facts charged in the instant case is guilty on the grounds stated in its reasoning.

There is no violation of law by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on false facts, intent, etc. in the crime of false accusation.

Since the adoption of the application for examination of evidence or the date of pronouncement falls under the discretion of the court, it cannot be deemed unlawful on the ground that the court below rejected the defendant's application for examination of evidence or application for postponement of the sentencing date.

In addition, in a case where a motion for challenge against a judge is filed, the sentence of a judgment is not included in the proceeding of a lawsuit suspended pursuant to Article 22 of the Criminal Procedure Act (see Supreme Court Decision 2002Do4893, Nov. 13, 2002). The defendant filed a motion for challenge against the full bench after the closure of pleadings, but the decision of the court below without suspending the proceedings cannot be deemed unlawful, and there is no other error as claimed in the grounds for appeal by the court below.

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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