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(영문) 대법원 2018.03.15 2017도12201

성폭력범죄의처벌등에관한특례법위반(장애인준강간)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Based on its stated reasoning, the lower court affirmed the first instance judgment that acquitted the Defendant on the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape of the disabled) among the facts charged in the instant case on the grounds that there is no proof of a crime, and acquitted the Defendant on the grounds that there was no proof of a crime on the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape of the disabled)

The judgment below

In light of the records, the above judgment of the court below is just, and there is no error of law by misapprehending the relevant legal principles as alleged in the grounds of appeal.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not indicate specific grounds for appeal in the final appeal and the reasoning of the final appeal.

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