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(영문) 대법원 2017.10.12 2017도10530
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds for appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court’s determination that the Defendant was guilty of violating the Act on the Protection of Children against Sexual Abuse among the facts charged in the instant case against the Defendant on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules,

2. Examining the reasoning of the judgment of the court below in light of the records, it is justifiable to reverse the judgment of the court of first instance which found the Defendant guilty on the ground that there is no proof of crime regarding the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse among the facts charged in the instant case against the Defendant, and to render the judgment not guilty

In contrast to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on intimidation in the crime of rape.

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but there is no indication of the grounds for appeal in the petition of appeal and there is no indication of the grounds for appeal in the petition of appeal.

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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