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(영문) 대법원 2017.12.05 2017도13789

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant case, the lower court upheld the first instance judgment that acquitted the Defendant on the grounds that there was no proof of crime regarding the facts charged in the instant case, on the grounds indicated in its reasoning.

The judgment below

In light of the records, the above judgment of the court below is just, and there is no error of law as to mistake of facts due to violation of the rules of evidence, as alleged in the grounds of appeal.

2. As long as the prosecutor files a final appeal with respect to the case for which the request to attach an attachment order is filed, the final appeal is deemed to have been filed regarding the case for which the request to attach an attachment order is sought, but the final appeal does not indicate the grounds for final appeal and the grounds for final

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