beta
(영문) 대법원 2021.01.28 2020도15726

성폭력범죄의처벌등에관한특례법위반(특수준강간)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s case, the lower court convicted the Defendant of the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of special quasi-rape under the Act on Special Cases Concerning the Punishment, etc

2. As to the case of the request for protection observation order, in a case where the defendant and the respondent for protection order file an appeal against the defendant's case, the appeal is deemed to have been filed as to the case of the request for protection observation order.

However, there is no indication in the petition of appeal the reason for appeal and there is no indication in the statement of reason for appeal.

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