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(영문) 대법원 2015.09.10 2014도11688

성폭력범죄의처벌등에관한특례법위반(특수강간)

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court’s determination that the Defendant was guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes among the instant facts charged on the grounds indicated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, there

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court is justifiable to reverse the judgment of the first instance that found the Defendant guilty on the ground that there was no proof of the crime regarding the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes among the facts charged in the instant case, and to have not exceeded the bounds of the principle of free evaluation of evidence

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