beta
(영문) 대법원 2015.07.23 2014도16722

강간

Text

The appeal is dismissed.

Reasons

1. The prosecutor appealed to the whole of the judgment below with respect to the appeal as to the primary facts charged, but there is no statement in the petition of appeal as to the primary facts charged, nor there is no statement in the appellate brief as to the grounds of objection.

Therefore, this part of the appeal shall not be accepted.

2. Examining the reasoning of the lower judgment in light of the record as to the conjunctive facts charged, it is justifiable for the lower court to reverse the first instance judgment that found the Defendant guilty of the conjunctive facts charged added at the first instance court on the grounds as stated in its reasoning and to have not proved the crime, and to have not erred by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine on

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