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(영문) 대법원 2017.03.15 2016도16534

피보호자간음

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment’s appeal in light of the evidence duly admitted, the lower court was justifiable to have determined that the lower court, on the grounds indicated in its reasoning, reduced the facts of the instant facts charged among the wards by deceptive means and convicted them of committing indecent acts.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on indecent acts in the crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the exclusion of illegally collected evidence in violation of the rules of logic and experience, to the extent that it is erroneous for the court to acknowledge facts beyond the bounds of the principle of free evaluation of evidence or to the extent that it may be convicted

2. Examining the reasoning of the judgment of the court below in light of the records, it is justifiable to reverse the judgment of the first instance that found the prosecutor guilty of the facts charged in the instant case on the ground that there is no proof of a crime among the facts charged, and to have acquitted the prosecutor on the grounds of the judgment

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the timing of acceptance of the offense

On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no specific reason in the petition of appeal as to the guilty portion, and there is no reason of appeal as to the reason of appeal.

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