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(영문) 대법원 2021.01.14 2018도8452

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court reversed the first instance judgment that found the Defendant guilty of the facts charged of this case on the grounds that there was no proof of crime, and sentenced the Defendant not guilty.

Examining the record of the relevant legal doctrine, the lower court’s determination is justifiable. In so doing, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on indecent act and intentional act committed in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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