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(영문) 대법원 2016.10.27 2016도9425
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds indicated in its reasoning, the lower court affirmed the first instance judgment that found the Defendant not guilty of the primary charges of this case on the grounds that there is no proof of the facts constituting the crime, and acquitted the Defendant on the first primary charges of this case added by the lower court on the ground that there is no

The judgment below

In light of the records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors of misapprehending the legal principles as to the force in the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, or intentional rape of minors, by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules.

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, it did not state the grounds for appeal as to the guilty portion, nor did it state the grounds for objection in the appellate brief.

2. With respect to the case for which the request for attachment order is filed, a prosecutor shall be deemed to have filed a final appeal regarding the case for which the request for attachment order is filed.

However, there is no entry of reasons in the petition of appeal and there is no entry of reasons for objection in the appellate brief.

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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