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(영문) 대법원 2017.12.28 2017도13935
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The burden of proving the facts charged in a criminal trial has been borne by a public prosecutor, and the conviction shall be based on evidence with probative value that leads the judge to feel true beyond a reasonable doubt. If there is no such proof, even if there is suspicion of guilt against the defendant (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 201Do7160, Jul. 22, 2016). Examining the reasoning of the lower judgment in light of the records, the lower court, on the grounds stated in its reasoning, proven that the facts charged in the instant case was proven without reasonable doubt.

Therefore, we affirm the judgment of the first instance court which found the defendant guilty, and find the defendant not guilty.

In so doing, contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on the direct deliberation principle or by violating the rules of evidence.

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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