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(영문) 대법원 2020.01.16 2019도16095

강제추행등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court rendered a not guilty verdict on the grounds of appeal by the prosecutor, on the ground that there was no proof of crime regarding the part of the instant facts charged and the part of the assault, which

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of the crime

2. The lower court convicted the Defendant of the part concerning defamation among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the statement of false facts, public performance, and intentional act of defamation, and the grounds for

3. The final appeal by the prosecutor and the defendant is all dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.