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(영문) 대법원 2016.01.14 2015도8505

준강제추행등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the judgment, the court below was just in finding the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Female Students on the Grounds of its stated reasoning, among the facts charged in the instant case, and there were no errors by misapprehending the legal principles as to the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use of Cameras, etc.) as alleged in the grounds of appeal.

Meanwhile, according to the records, the Defendant appealed against the judgment of the first instance on the grounds of appeal, and asserted that the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims E among the facts charged in the instant case, along with the sentencing unfair on the grounds of appeal, and that there was a misunderstanding of facts or a misunderstanding of legal principles as to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crows). However, the Defendant revoked all of misunderstandings of facts or misapprehensions

In such cases, the argument that the lower court erred by misapprehending the legal principles as to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims E among the facts charged in the instant case and the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crows, etc.) is not a legitimate ground for appeal.

B. In addition, even if we look at the judgment below, there is no error of law as 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.