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(영문) 대법원 2014.07.24 2014도5084

강제추행

Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

The judgment below

Examining the evidence duly adopted by the first instance court, the lower court’s determination that the instant facts charged were guilty on the grounds stated in its reasoning is justifiable. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on indecent act by compulsion or mistake of law.

In addition, examining the reasoning of the lower judgment in light of the records, the lower court is justifiable to have rejected the Defendant’s assertion on the mental and physical disorder on the grounds as stated in its reasoning.

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