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(영문) 대법원 2020.10.15 2020도10596
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the prosecuted case, the lower court found the Defendant guilty of quasi-indecent act by compulsion on the part of the facts charged of the instant case, the time of which was changed on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on the identity of the facts charged or amendments to indictment.

2. As to the case of probation order claim, inasmuch as the defendant and the person requesting probation order file an appeal against the accused case, it is deemed that an appeal has been filed against the probation order issued by the lower court.

However, there is no entry of reasons in the petition of appeal, and there is no entry of reasons for objection in the petition of 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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