beta
(영문) 대법원 2018.04.26 2018도3191

강간미수

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, it is justifiable for the lower court to reverse the first instance judgment convicting the charged facts of this case on the ground that there is no proof of crime and to render a not-guilty verdict.

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 against logical and empirical rules, or by misapprehending the legal principles on the degree of intimidation as a requirement for the establishment of

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