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(영문) 대법원 2018.02.28 2017도20243
준강간등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court upheld the first instance judgment that acquitted the Defendant, and rendered a judgment of conviction on the charge of forced indecent acts, on the grounds that all the facts charged in the instant case did not prove a crime. The lower court reversed the first instance judgment that found the Defendant guilty and acquitted the Defendant.

The judgment below

Examining the reasoning of the judgment below in light of the records, the above judgment of the court below is justifiable.

In doing so, there is no error of law by misunderstanding facts beyond the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules or by misapprehending the legal principles as to indecent act by force without exhausting all necessary deliberations as alleged in the grounds 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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