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(영문) 대법원 2020.02.27 2019도17916
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court found the Defendant guilty of the instant charges on the grounds indicated in its reasoning.

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 the establishment of a crime of violating the Act on Special Cases Concerning the Punishment,

Although the Defendant asserts to the effect that the lower court erred by misapprehending the legal doctrine on the justifiable act, this does not constitute a legitimate ground for appeal, as it is alleged only in the final appeal that the Defendant either deemed the grounds for appeal or was not subject to a judgment ex officio by the lower court.

Furthermore, even if examining the relevant legal principles and records, the lower court did not err in its judgment as otherwise 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.

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