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(영문) 대법원 2013.07.11 2013도1006
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

All appeals are 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 lower court as to the Defendant’s grounds of appeal, the lower court is justifiable to have determined that the lower court convicted of the injury and assault among the facts charged in the instant case and rejected the Defendant’s assertion

In so doing, contrary to the allegations in the grounds of appeal, the court did not err by misapprehending the legal principles on justifiable acts by failing to exhaust all necessary deliberations, or by misapprehending the rules of logic and experience.

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, we affirm the lower court’s finding the Defendant not guilty on the ground that the charge of indecent act by compulsion among the facts charged in the instant case constitutes a case without proof

In so doing, contrary to the allegations in the grounds of appeal, there is no error of finding facts against the rules of logic and experience or violating the rules of evidence concerning the intent of indecent act.

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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