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(영문) 대법원 2019.09.10 2019도9661
강제추행
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Of the instant facts charged, the lower court upheld the first instance judgment that acquitted the victim B of the instant charges on the ground that there was no proof of the crime regarding the part of indecent acts committed from July 2014 to August 2014, and the part concerning indecent acts committed against the victim C, and the part concerning indecent acts committed against the victim C by force. Examining the reasoning of the lower judgment in light of the records, 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 regarding intentional act and indecent acts committed in the crime of indecent act by force. Meanwhile, the Prosecutor appealed all of the lower judgment on the part of the lower judgment, but did not state the grounds for appeal regarding the guilty portion. The lower court upheld the first instance judgment that convicted the victim B of each indecent act committed on January 1, 2015 and around March 2015.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment 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 intentional act and indecent act in the crime

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.

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