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(영문) 대법원 2014.04.24 2014도2531

강간상해등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the court of first instance, the court below was just in finding the Defendant guilty of rape injury among the facts charged of this case on the grounds stated in its reasoning, and there was no violation of law by failing to exhaust all necessary deliberations or by misapprehending the rules of logic and experience and by exceeding the bounds of the principle of free evaluation of evidence.

In addition, the argument that there was no intention to rape among the grounds of appeal is not a legitimate ground of appeal since the defendant took it as grounds of appeal or the court below did not take it as subject to judgment ex officio.

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