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(영문) 대법원 2017.09.07 2017도9572

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Based on its stated reasoning, the lower court reversed the first instance judgment that acquitted the Defendant on the ground that the Defendant infringed on a female public toilet as stated in the facts charged of this case and was proved to the extent that it excluded a reasonable doubt, and sentenced the Defendant guilty on the ground that the aforementioned facts charged constitute a case where there is no proof of a crime.

In light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine on the criminal evidence law, contrary to what is alleged in the grounds of appeal, thereby deeming the witness’s testimony examined in an unlawful manner as evidence of guilt or by misapprehending the rules of logic and experience.

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