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(영문) 대법원 2021.02.04 2020도16365
강제추행등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds for the Defendant’s appeal, the lower court convicted the Defendant of forced indecent conduct on January 1, 2019 among the facts charged in the instant case, on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and 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, or by misapprehending the legal doctrine on the credibility of statements.

2. On the grounds of the Prosecutor’s appeal, the lower court acquitted the Prosecutor on the ground that there was no proof of a crime regarding the part of the charge of indecent conduct in the first half of January 2019 among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and 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, by misapprehending the legal doctrine on the credibility of statements, or by violating the principle of

The prosecutor appealeds the scope of the appeal in its entirety to “the grounds of appeal,” but does not indicate the grounds of appeal as to the guilty portion in the petition of appeal or the grounds of appeal.

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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