beta
(영문) 대법원 2016.07.07 2016도5979

준강간치상

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court rejected the Defendant’s assertion on the Defendant’s mental and physical weakness on the grounds indicated in its holding that the facts charged in this case were guilty.

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court and the lower court, the lower court did not err in its judgment by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the state of impossibility to resist in the crime of causing quasi-rape, the relationship between rape and injury, and the relationship between the two, and the physical and mental

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