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(영문) 대법원 2018.06.15 2018도4920

아동ㆍ청소년의성보호에관한법률위반(위계등간음)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court was justifiable to have found the Defendant guilty of the instant facts charged (excluding the portion without charge) on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the relevant legal principles.

On the other hand, the argument that the defendant's defense right was infringed due to non-existence of facts charged cannot be a legitimate ground for appeal, as it is asserted by the defendant only for the grounds of appeal that the court below did not consider it as a subject of judgment ex officio.

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