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(영문) 대법원 2017.04.26 2016도21236
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, it is justifiable to maintain the first instance judgment, which found the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) among the facts charged in the instant case, interference with business, and assault.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the binding force of the jury verdict at the citizen participation trial, and “business” in the crime of interference with business.

In addition, examining the reasoning of the lower judgment in light of the record, it is justifiable for the lower court to have rejected the allegation regarding Defendant’s justifiable act on the grounds of its stated reasoning.

There is no error of misunderstanding of facts or misunderstanding of legal principles as to a legitimate act.

On the other hand, although the defendant appealed to the entire judgment of the court below, the defendant did not state the reasons in the petition of appeal as to the acquitted portion, nor did he state the reasons for appeal in the letter 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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