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(영문) 대법원 2018.03.29 2018도1802
강제추행등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, as to the violation of the Chemicals Control Act (snorting hallucinogenic substances), the lower court was justifiable to have found the Defendant guilty of the facts charged in the instant case on the grounds

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by either violating the principle of criminal punishment, the principle of trial on evidence, or by misapprehending the legal principles

Meanwhile, according to the facts acknowledged by the judgment of the first instance court, since the collection of urine blood and hair for the appraisal of whether a hazardous chemical substance contains the harmful chemical substance was conducted with the consent of the defendant, the measures taken by the court below to maintain the judgment of the first instance that rejected the defendant's assertion that the urine, etc. taken by the court below was not admissible as evidence of unlawful collection, is just, and there is no error of misapprehending the legal principles as to illegally

2. Examining the remaining facts charged in light of the evidence duly adopted by the first instance court, which maintained the reasoning of the judgment below, the court below is just in finding the defendant guilty of attempted confinement, forced indecent act, and bodily injury on the grounds as stated in its holding, and there is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of the logical and empirical rules or by misapprehending the legal principles on the specification of the facts charged, as alleged in the appeal.

3. 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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