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(영문) 대법원 2013.03.14 2013도727

성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, the court below was just in finding the Defendant guilty of the facts charged of this case on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on assault and threat in the crime of rape, sexual assault and threat, sexual crime punishment, and the protection of victims thereof, or by misapprehending the legal principles on force under Article 8-2(5)

In addition, the argument that there is an error of law in the misapprehension of legal principles as to attempted suspension in the judgment of the court below is not a legitimate ground for appeal, which is alleged in the ground for appeal by the defendant, or by the court below's 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.