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(영문) 대법원 2016.09.23 2016도10690

준강제추행치상

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime as to the “Bodily Injury” among the facts charged in the instant case.

Examining the record, the above determination by the court below is justifiable.

In doing so, there is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the relation of injury and person in the crime of indecent act committed by force.

On the other hand, the prosecutor stated the "wholly" in the column for the scope of the appeal in the petition of appeal, but the guilty portion of the judgment below did not submit the written grounds for appeal within the statutory period, and the petition of appeal does not contain any specific 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.