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(영문) 대법원 2020.09.24 2020도9913

준강간등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the lower court acquitted the Prosecutor on the ground that there was no proof of crime as to the part of the facts charged in the instant case.

Examining the record in accordance with the relevant legal doctrine, the lower court did not err in its judgment 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 “persons subject to his protection or supervision due to business, employment or other relation,” and “defluence or threat of force”

2. On the grounds of appeal by the Defendant, the lower court found the Defendant guilty of quasi-rape and indecent act by compulsion among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not exhaust all necessary deliberations, and did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by misapprehending the legal doctrine on indecent act in the crime of quasi-rape, by failing to resist, by misapprehending the state of failing to resist the crime of quasi-rape, by intention, by force, and by misapprehending the legal doctrine on indecent act

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