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(영문) 대법원 2017.10.12 2017도12655
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
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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 upheld the first instance judgment that acquitted the Defendant on the instant facts charged (excluding the portion guilty) on the ground that there was no proof of crime.

The judgment below

In light of the records, the above judgment of the court below is just, and there is no error of law by misapprehending the legal principles as to willful negligence as alleged in the grounds of appeal.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not state the reasons in the petition of appeal and does not state the reasons for 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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