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(영문) 대법원 2020.01.09 2019도15913

준강간

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court convicted of the conjunctive charge.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not exhaust all necessary deliberations, and did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by misapprehending the legal doctrine on the establishment of quasi-rape, or by misapprehending the reasoning and failing to adversely affect the judgment.

In light of the record, even if examined, the lower court did not err by infringing the Defendant’s right to defense and the right to fair trial.

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