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(영문) 대법원 2020.07.23 2020도5549
강제추행
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the lower court upheld the first instance judgment that acquitted the Defendant on September 22, 2017, on the ground that there was no proof of crime regarding the charge of indecent act by force among the facts charged in the instant case.

The judgment below

Examining the reasoning of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of the crime of indecent act by compulsion.

2. On the grounds of appeal by the Defendant, the lower court upheld the first instance judgment convicting the Defendant of the part concerning the indecent act by force on January 24, 2017, among the facts charged in the instant case, on the grounds as indicated

The judgment below

Examining the reasoning of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of the crime of indecent act by compulsion.

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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