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(영문) 대법원 2015.03.12 2014도17710
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Defendant case

A. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to the grounds of appeal by the Defendant and the requester for medical treatment and custody and the respondent for attachment order (hereinafter “Defendant”), the lower court is justifiable to have determined that all of the facts charged in the instant case (excluding the part not guilty) is guilty, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle

In addition, the argument that the judgment of the court below did not recognize mental disorder is not a legitimate ground for appeal, which is alleged in the ground for appeal by the defendant as the ground for appeal or by the court below as the subject of judgment ex officio.

B. Examining the reasoning of the judgment below in light of the records, the court below reversed the judgment of the court of first instance which found the Defendant guilty on the ground that there is no proof of the crime regarding the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse among the facts charged in the instant case, and found the Defendant not guilty, and contrary to the allegations in the grounds of appeal, there were no errors of misapprehending the legal principles on the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse

2. As long as a prosecutor files an appeal against a prosecuted case regarding the medical treatment and custody claim and the request for attachment order, the appeal shall be deemed to have been filed regarding the medical treatment and custody claim and the request for attachment order, but the appellate brief shall not indicate any grounds for appeal and shall not state any grounds for 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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