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(영문) 대법원 2017.11.14 2017도13682
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the record, it is reasonable for the lower court to reverse the first instance judgment and to render a not guilty verdict on the charge of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes among the facts charged in the instant case, on the ground that there is no proof of crime. In so doing, the lower court did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules.

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, the prosecutor does not state the grounds of objection against the petition of appeal or the reasoning of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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