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(영문) 대법원 2016.05.27 2016도3410

성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

The lower court revoked the first instance judgment and convicted all of the charges of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims F and J (hereinafter referred to as "compact by deceptive means, etc.") and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as deceptive means, etc. against the disabled).

Examining in light of the relevant legal principles and evidence, the lower court did not err in its judgment by misapprehending the logical and empirical rules, contrary to what is alleged in the grounds of appeal, thereby exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (e.g., fraud by the disabled) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent

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