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(영문) 대법원 2016.12.15 2016도15878

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted of the primary facts charged in the instant case on the ground that there is no proof of the offense, and determined that the Defendant was innocent of the reasoning on the ground that there is no proof of the offense in the conjunctive facts added in

The judgment below

Examining the reasoning in light of the record, the above determination by the court below is justifiable. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (indecent act by force against minors under

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