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(영문) 대법원 2020.01.16 2017도2529
강제추행
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the court below reversed the judgment of the court of first instance which found the Defendant guilty on the ground that there was no proof of crime as to the part in which the indecent act was committed on the part of the instant facts charged on the part of the victim’s left bucks, with hand handbbbbs, and with the hand handbbbbs.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court was justifiable to have found the Defendant guilty of charges except the aforementioned acquittal portion on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules,

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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