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(영문) 대법원 2018.03.27 2018도1159
강제추행
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court upheld the first instance judgment that found the Defendant guilty of the instant facts charged.

The judgment below

Examining the reasoning in light of the 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, as alleged in the grounds of appeal.

2. The main text of Article 186(1) of the Criminal Procedure Act concerning a judgment on the cost of lawsuit shall require the defendant to bear all or part of the costs of lawsuit when a sentence is pronounced.

Provided, That this shall not apply where the defendant is unable to pay litigation costs due to economic circumstances.

Article 191 (1) of the same Act provides that "where litigation procedures are completed by court, the defendant shall be required to bear litigation costs ex officio."

“.......”

According to the records, the first instance court convicted the Defendant of the facts charged in this case, and maintained the first instance court’s conclusion.

In so doing, the lower court did not err by failing to exhaust all necessary deliberations or the right to a trial, contrary to what is alleged in the grounds of appeal.

3. The Defendant’s final appeal is 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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