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(영문) 대법원 2017.02.03 2016도18388

성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below reversed the judgment of the court of first instance which found the defendant guilty on the grounds that all of the facts charged in this case constitute a case where there is no proof of facts constituting the crime, and it is just to have sentenced the defendant not guilty, and contrary to the allegations in the grounds of appeal, there were no errors of violating the logical and empirical rules, exceeding the bounds of the principle of free evaluation, exceeding the principle of trial-oriented principle and the principle of direct deliberation, or misapprehending 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.