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(영문) 대법원 2016.01.28 2015도18751
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court and the lower court, the lower court was justifiable to have found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning. In so doing, the lower court did not exhaust all necessary deliberations, as alleged in the grounds of appeal, and did not err by misapprehending the bounds of free evaluation of evidence against logical and empirical rules or by misapprehending the relevant legal doctrine.

In addition, the argument that there is an error of misunderstanding the legal principles as to Amendments to Bill of Indictment in the judgment of the court below is not a legitimate ground for appeal as the defendant asserts that there is no ground for appeal or that there is no ground to judge 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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