beta
(영문) 대법원 2017.09.21 2015도15555

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly adopted and examined by the first instance court, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds stated in its reasoning.

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 intentional act

In addition, in light of the circumstances indicated in the record, such as the background leading up to the instant crime, method of commission of the crime, the behavior of the accused before and after the crime, the circumstances after the crime, and the degree of mental illness of the accused, the Defendant was in a state of mental and physical loss beyond the mental weak condition at the time

It does not appear.

The court below's rejection of the defendant's assertion on the mental and physical loss on the grounds as stated in its holding is just, and there is no error of incomplete deliberation on mental and physical disorder.

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