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(영문) 대법원 2018.12.28 2018도16004

아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court reversed the first instance judgment convicting the Defendant on the ground that there was no proof of a crime regarding the violation of the Child Reinstatement Act (sexual harassment, etc. against a child) among the facts charged in the instant case, and sentenced the Defendant not guilty.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine on “sexual abuse” under Article 17 subparag. 2 of the Child Reinstatement Act, contrary to what is alleged in the grounds of appeal.

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