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(영문) 대법원 2017.02.15 2016도19998
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court determined that all of the facts charged in the instant case did not have evidence of a crime, and rendered a judgment of the first instance that found the Defendant guilty of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Assault Crimes on December 19, 2014 among the facts charged in the instant case, reversed the first instance judgment and acquitted the Defendant, and upheld the first instance judgment that acquitted the Defendant of the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Assault Crimes (a violation by force on duty) on February 2, 2015 among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is 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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