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(영문) 대법원 2016.05.12 2016도3147
아동ㆍ청소년의성보호에관한법률위반(위계등추행)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the defendant case

A. As to the grounds for appeal by the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”), the recognition of the facts constituting an offense ought to be proven to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the adoption of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the lower court is justifiable in the first instance judgment rejecting the Defendant’s assertion asserting that the Defendant was guilty of the facts constituting an offense in the first instance judgment against the victim F who is a juvenile, and the lower court is justifiable in its determination rejecting the first instance judgment rejecting the Defendant’s assertion asserting that the Defendant was guilty of the facts charged in the first instance judgment against the victim who is the juvenile, by means of threatening the victim I with a deadly weapon, and thus, the Defendant’

On the other hand, the grounds for appeal as to mistake of facts and misunderstanding of legal principles were rejected.

The allegation in the grounds of appeal disputing such fact-finding by the lower court is merely an error of the lower court’s determination on the evidence selection and probative value, which actually belongs to the free judgment of the fact-finding court. In addition, while examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the relevant legal principles and evidence duly admitted, the lower court erred by misapprehending the legal doctrine on the crime of indecent act against the logical and empirical rules, of violating the Act on the Protection of Children from Sexual Abuse, of failing to exhaust all necessary bounds of the principle of free evaluation, of coercion and coercion, of indecent act against the crime of violating the Act on the Protection of Children and Juveniles from Sexual Abuse (voluntary indecent act), of the crime of violating the Child Uniform Act (sexual purchase, etc.), of “sexual abuse such as sexual harassment,” of the crime of violating the Punishment of Sexual Crimes and Protection of Victims from Sexual Crimes Act (special robbery, etc.).

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