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(영문) 대법원 2015.02.12 2014도16700

상해등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, it is justifiable for the lower court to have found the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes among the facts charged in the instant case on the grounds stated in its reasoning.

There is no illegality of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or of misapprehending the legal principles on the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape by relatives

In addition, the court below's rejection of the defendant's claim on the mental and physical disorder on the grounds of its stated reasoning is just and there is no error of law by misapprehending the legal principles on mental and physical disorder.

Meanwhile, while the Defendant appealed to the entire judgment of the court below, the remainder of the conviction did not indicate the grounds of objection in the petition of appeal or appellate brief.

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