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(영문) 대법원 2019.07.25 2019도6482

강제추행

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On October 23, 2017, the lower court reversed the judgment of the first instance court that found the Defendant guilty on the part of indecent act by compulsion on the ground that there was no proof of crime on the part of the facts charged in the instant case at around 23:03:43 to 23:03:47, and acquitted.

The judgment below

Examining the reasoning in light of the record, the lower court did not err 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 on the establishment of the crime

2. 피고인의 상고이유에 관한 판단 원심은 이 사건 공소사실 중 2017. 10. 23. 23:45:10∽23:45:12경 강제추행 부분을 유죄로 판단하였다.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules without exhaust all necessary deliberations, or by misapprehending the legal doctrine on the establishment of a crime of indecent act by compulsion and the specification of facts charged, or by failing to state

3. The final appeal by the prosecutor and the defendant is all dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.