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(영문) 대법원 2017.05.11 2017도1009

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court is justifiable to reverse the first conviction on the charge of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (an act of prosecution by force, etc.) among the facts charged in the instant case, and to render a not-guilty verdict on the grounds that there is no proof of a crime. In so doing, the lower court did not err by misapprehending the legal doctrine on the crime of indecent act by misapprehending the bounds of the principle of free conviction

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