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(영문) 대법원 2017.04.13 2016도20661
미성년자의제강제추행등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. For the reasons indicated in its reasoning, the lower court affirmed the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime regarding the charge of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (using cameras, etc.) against the Defendant and the person who requested the attachment order, and committing an indecent act by a minor due to the fact that the victim C’s chest and the sound book were recorded during the period from January 8, 2016 to January 18, 2016.

The judgment below

Examining the reasoning of the judgment below in light of the records, we affirm the judgment below. Contrary to the allegations in the grounds of appeal, we do not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles as to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kamerra, etc.) and the rules

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not state the reasons in the petition of appeal and does not state the reasons for appeal in the notice of appeal.

2. In the event that a prosecutor files a final appeal with respect to the case for which the request to attach an attachment order is filed, the appeal is deemed to have been filed regarding the case for which the request to attach an attachment order is sought, but the final appeal does not state the grounds for appeal and the reasons for appeal are not

3. 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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