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(영문) 대법원 2020.06.25 2020도4208
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court issued an employment restriction order with child and juvenile-related institutions, etc. and welfare facilities for the disabled for each three years.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment on the restriction on employment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine on the risk of recidivism.

The argument that the court below erred in the misapprehension of legal principles as to the criminal intent of indecent act by compulsion is not a legitimate ground for appeal, since the defendant's ground for appeal is alleged in the ground for appeal that there is no possibility that the court below did not consider it as the object of judgment ex officio.

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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