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(영문) 대법원 2018.6.15.선고 2018도4920 판결
아동·청소년의성보호에관한법률위반(위계등간음),·아동·청소년의성보호에관한법률위반(준강간),아동··청소년의성보호에관한법률위반(강제추행),아동·청소·년의성보호에관한법률위반(위계등추행),강제추행,아동·복지법위반
Cases

2018Do4920 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (compreting deceptive means);

Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (rape-rape), Children and Juveniles;

Violation of the Act on the Protection of Juveniles against Sexual Abuse (Indecent Act by Compulsion), children and cleaning;

Indecent Acts such as deceptive means, etc., indecent acts by compulsion, children against the Act on the Protection of Sexual Abuse.

Violation of the Welfare Act

Defendant

A person shall be appointed.

Appellant

Defendant

Defense Counsel

Attorney B, C

Judgment of the lower court

Seoul High Court Decision 2017No2831, 2017 Jeonno138 (Joint Judgment) Decided March 6, 2018

Imposition of Judgment

June 15, 2018

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the relevant legal doctrine and evidence duly admitted, the lower court was justifiable to have determined that the Defendant was guilty of the instant facts charged (excluding the portion not guilty) on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of

Meanwhile, among the grounds of appeal, the argument that the defendant's defense right was infringed due to non-existence of facts charged cannot be a legitimate ground of appeal, as it is alleged in the ground of appeal that the defendant did not use it as grounds of appeal or make ex officio decision.

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

Justices Park Jae-young

Justices Lee In-bok

Justices Kim Jae-tae

Justices Kim Jae-in

Justices Min You-sook

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