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(영문) 대법원 2014.05.29 2014도3779

강간미수

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the facts charged by the lower court and the first instance court based on the evidence duly admitted and investigated, the lower court is justifiable to have found the Defendant guilty of the changed indecent act by compulsion on the grounds stated in its reasoning.

In doing so, there is no error of law by misunderstanding facts beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal principles on indecent act by compulsion

In addition, the court below's rejection of the defendant's assertion on mental and physical disability is just and there is no error of law by misunderstanding the facts concerning mental and physical disability or misunderstanding the legal principles.

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