beta
(영문) 대법원 2014.9.4.선고 2014도3111 판결

군인등강제추행치상(예비적죄명:군인등강제추행)

Cases

2014Do3111 Indecent act by compulsion by a soldier, etc. (the name of the conjunctive crime: Indecent act by a soldier, etc.)

Defendant

A person shall be appointed.

Appellant

Military prosecutor;

Defense Counsel

Law Firm B

Attorney C, D, and E

Law Firm F

Attorney G, H

Judgment before remanding

High Court for Armed Forces Decision 2011Do23 Decided February 17, 2012

Judgment of remand

Supreme Court Decision 2012Do3722 Decided September 26, 2013

Judgment of the lower court

High Court for Armed Forces Decision 2013No221 Decided February 21, 2014

Imposition of Judgment

September 4, 2014

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the judgment below after remand in light of the records, the court below reversed the judgment of the court of first instance which found the defendant guilty of indecent act by force by force on July 10, 2010 among the facts charged in the instant case on the ground that there is no proof of crime against the injury by force on the part of military personnel on July 10: 31, 2010 among the facts charged in the instant case and found the defendant not guilty is justifiable in accordance with the purport of the judgment of remanding. In so doing, contrary to the allegations in the grounds of appeal, there were no errors

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

Justices Park Jae-young

Justices Min Il-young

Justices Lee In-bok

Justices Park Poe-young

Justices Kim Jae-han

심급 사건
-고등군사법원 2012.2.17.선고 2011노23
-고등군사법원 2014.2.21.선고 2013노221