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(영문) 대법원 2018.11.09 2017도16443

직무유기등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court upheld the first instance judgment that determined that all of the instant facts charged were guilty.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, although the judgment of the court below was partially inappropriate, the court below did not err in its judgment by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal principles on the grounds of and the establishment of duties in the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (or by force on duty), or by exceeding the bounds of the principle of free evaluation, contrary to what is alleged in the grounds of appeal.

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