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(영문) 대법원 2015.04.23 2015도3242
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable in finding the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (excluding the part on which the lower court acquitted the Defendant on the grounds in its reasoning) among the facts charged in the instant case (excluding the part on which the lower court acquitted the Defendant on the grounds in its judgment) on the grounds indicated in its reasoning. In so doing

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court is justifiable to have rendered a not-guilty verdict on the charge of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the act of similarity of minors under 13 years of age) among the facts charged in the instant case (excluding the part which was found guilty in the original trial) on the grounds as stated in its reasoning,

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, the part of the conviction did not state the grounds for appeal, and the appellate brief does not state the grounds for appeal.

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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