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(영문) 대법원 2019.07.24 2019도4772

유사강간치상등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court, on the grounds indicated in its reasoning, convicted of the facts charged of the instant case (excluding the part not guilty of the habitual indecent act).

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower judgment did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence against the logical and empirical rules, or by misapprehending the legal doctrine on causation, legal concurrence and the principle of prohibition of double indictment, etc. in relation to the establishment of similar rape in the crime of causing similar rape, causal relation, probative value, and habitual indecent act in the crime of causing similar rape, the establishment of indecent act in the crime of causing bodily injury, admissibility of evidence, burden of proof, principle of an indictment only

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