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(영문) 대법원 2016.04.15 2016도802

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the record, it is justifiable for the court below to maintain the judgment of the court of first instance that acquitted the Defendant on the charge of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes among the facts charged in the instant case (i.e., camera, etc.) on the ground that there is no proof of the relevant facts charged. Contrary to the allegations in the grounds of appeal, the court did not exhaust all necessary deliberations, as alleged in the grounds of appeal, and did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by exceeding the bounds of the principle of free evaluation against the law of logic and experience, or by omitting judgment,

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but the notice of appeal does not indicate the grounds for appeal, nor find the grounds for appeal.

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