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(영문) 대법원 2015.09.10 2015도9409
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The Defendant was in the habitual condition at the time of committing the instant crime.

The allegation in the grounds of appeal that there was no possibility of expectation of lawful acts and illegality of adopting illegally collected evidence due to illegal voluntary conduct as evidence, is not alleged in the court below as the grounds of appeal, but is newly asserted in the court of final appeal that the court below is not subject to judgment ex officio. Thus, it cannot be a legitimate ground of appeal as to

In addition, even though examining the reasoning of the lower judgment in light of the records, including the evidence duly admitted, the lower court did not err by failing to exhaust all necessary deliberations or adopting illegally collected evidence, 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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