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(영문) 대법원 2018.02.13 2017도19805

성폭력범죄의처벌등에관한특례법위반(강간등상해)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined 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 (Rape, etc.) among the instant facts charged on the grounds stated in its reasoning is justifiable.

In doing so, the lower court did not err 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 number of crimes committed against special confinement and the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.).

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