º»¹® ¹Ù·Î°¡±â ÁÖ¸Þ´º·Î ¹Ù·Î°¡±â
All
TITLE Supreme Court Decision 2018Do7709 Decided October 25, 2018 ¡¼Rape; Special Bodily Injury; Bodily Injury; Special Intimidation; Intimidation; Assault¡½ [full Text]
Summary
[1] Meaning and limitation of the principle of free evaluation of evidence

Degree of an inner conviction required to find a person guilty of a crime in a criminal trial and a case where the credibility of statements given by victims, etc. is recognized

[2] Matters to be considered in the proceedings of sexual assault or sexual harassment cases and method of determining the probative value of a statement made by a victim of sexual assault, etc.

[3] Standard and method of determining whether the offender committed an assault on and intimidated the victim to the extent establishing the crime of rape

[4] In a case where a victim¡¯s statement is practically the only evidence to prove the facts charged in the crime of rape, whether the circumstance indicating that the defendant¡¯s statement lacks rationality from an empirical point of view and is contradictory in and of itself may serve as indirect evidence underpinning either the credibility of a victim¡¯s statement, or the facts charged when combined with the victim¡¯s statement, which is direct evidence (affirmative)
Prev Supreme Court Decision 2016Do11429 Decided October 25, 2018¡¼Violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment¡½
Next Supreme Court en banc Decision 2015Da232316 Decided October 18, 2018¡¼Claim for Restitution of Loan (for Extension of Extinctive Prescription)¡½
219 Seocho-ro,Seocho-gu,Seoul 06590,Republic of Korea 02-3480-1100