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(영문) 대법원 2014.08.20 2014도7932

강간등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, in light of the evidence, the lower court was justifiable to have found the Defendant guilty of rape among the charges of this case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the rules of logic and experience and exceeding the bounds of the principle of free evaluation

In addition, examining the reasoning of the judgment below in light of the records, the court below is just in failing to apply Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes to recognize that the defendant and the person subject to an attachment order (hereinafter referred to as "defendant") committed the rape of this case at the time of committing the rape of this case, and there is no error of law by misapprehending the legal principles on mitigation of mental and physical disability.

2. With respect to a case for which a request for attachment order is made, if the defendant files a final appeal against the case for which the request for attachment order is filed, the final appeal shall be deemed filed.

However, there is no entry of reasons in the petition of appeal or there is no entry of reasons for objection in the petition of appeal.

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