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(영문) 대법원 2017.12.22 2017도17028
강제추행등
Text

All appeals are dismissed.

Reasons

The grounds of appeal (to the extent of supplement in case of supplemental documents, etc. of grounds of appeal not timely filed) are examined.

1. The lower court found the Defendant guilty of forced indecent act among the facts charged in the instant case.

The judgment below

Examining the reasoning of the lower court in light of the evidence duly admitted by the first instance court, the lower court did not err in its judgment by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the relevant legal doctrine.

The ground of appeal that the lower court’s error or misapprehension of the legal doctrine as to the part interfering with business affairs is not a legitimate ground of appeal on the ground that the Defendant and the respondent for an attachment order (hereinafter “Defendant”) asserted that the Defendant and the respondent for an attachment order (hereinafter “Defendant”) did not use it as the ground of appeal or make it subject to judgment ex officio

2. The ground of appeal on the ground that the attachment order of an electronic tracking device was improper is not a legitimate ground of appeal since the defendant asserted that the attachment order of an electronic tracking device was not subject to judgment by the court below on the ground of appeal or ex officio.

3. The Defendant’s final appeal is dismissed in its entirety 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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