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(영문) 대법원 2017.05.30 2017도4637
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning, the lower court was justifiable to have determined that the Defendant was guilty of the instant facts charged.

The lower court did not err in its judgment by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the meaning of an indecent act and the legal doctrine on “the body of another person, which may cause sexual humiliation or sense of shame,” as stated in the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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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