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(영문) 대법원 2016.07.29 2016도3059

강제추행

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statement of grounds of appeal submitted after the lapse of the period for submitting the grounds of appeal).

For the reasons indicated in its holding, the lower court reversed the first instance judgment that found the Defendant guilty of the instant facts charged (excluding the portion not guilty of the grounds) and sentenced the Defendant guilty.

The judgment below

Examining the reasoning of the lower court in light of the evidence duly admitted by the lower court, the lower court, contrary to what is alleged in the grounds of appeal, erred by misapprehending the rules of evidence, misunderstanding facts against logical and empirical rules, or by misapprehending the legal principles on the intentional act of indecent act, presumption of innocence, and principle of statutory penalty

subsection (b) of this section.

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