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(영문) 대법원 2020.02.27 2019도18125

아동ㆍ청소년의성보호에관한법률위반(위계등추행)

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by Defendant A, the lower court upheld the first instance judgment convicting Defendant A of the facts charged, on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, by misapprehending the legal doctrine on the intentional act of indecent act, legitimate act, or consent

2. As to the Defendant B’s grounds of appeal, the lower court convicted Defendant B of the facts charged against Defendant B (excluding the part not guilty in the grounds of appeal).

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine regarding the admissibility and probative value of video recordings, “physical abuse” under Article 17 subparag. 3 of the Child Welfare

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