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(영문) 대법원 2017.10.26 2017도11611
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of relevant legal principles and evidence, the lower court did not err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal and by misapprehending the legal doctrine on the presumption of innocence or by failing to exhaust all necessary deliberations or by misapprehending the legal doctrine on the principle of presumption of innocence, etc., on the grounds of its stated reasoning.

And it is not necessary for the court to adopt the application for evidence at the discretion of the court.

The court below rejected the defendant's application for witness since it may not be examined when deciding the person (see Supreme Court Decision 2010Do7947, Jan. 27, 201, etc.).

Even if it is illegal, it cannot be said that it is illegal.

Other grounds of appeal by the defendant do not constitute legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.

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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