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(영문) 대법원 2016.08.29 2016도10133
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court reversed the first instance judgment that acquitted of the charge of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crows) among the facts charged in the instant case, and determined that this part of the charges is guilty.

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by violating the principle of presumption of innocence, the principle of evidence trial, the principle of court-oriented trial, and the principle of due process.

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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