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(영문) 대법원 2019.08.29 2019도5742
강간등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. On the grounds of appeal by the Defendant, the lower court found the Defendant guilty of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., concerning the part of the instant charges of indecent act by force around the end of December, 2016, the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”) and the Act on the Punishment

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 bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of crimes of violation of the principle of no punishment without the law of no punishment without the law, investigation expenses, investigation expenses, indecent act by compulsion, and sexual assault punishment Act (obscenity using communications media), and by misapprehending the principle of court-oriented and direct

2. On the grounds of appeal by the prosecutor, the lower court rendered a not guilty verdict, on the grounds as indicated in its reasoning, on the grounds that there was no proof of a crime regarding each part of the charges of this case, around April 2017, around June 2017, around July 7, 2017, around October 11, 2017, and around December 27, 2017.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine on the establishment of the crime of indecent act by compulsion

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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