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(영문) 대법원 2016.12.29 2016도15086
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the record, it is justifiable for the court below to maintain the judgment of the court of first instance that acquitted the Defendant on the ground that the charge of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse among the facts charged in the instant case constitutes a case without proof of criminal facts. In so doing, contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the prosecutor did not state the grounds of objection in the petition of appeal or appellate brief.

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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