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(영문) 대법원 2016.05.26 2016도785

성폭력범죄의처벌등에관한특례법위반(장애인준강간)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment’s appeal in light of the evidence duly admitted by the lower court, the lower court’s determination that the lower court found the Defendant guilty of the negativeness between the mentally and physically handicapped and the physically handicapped on November 2014 of the modified facts charged on the grounds stated in its reasoning is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the bounds of free evaluation of evidence against logical and empirical rules or by misapprehending the relevant legal doctrine.

2. Examining the reasoning of the lower judgment regarding the prosecutor’s appeal in light of the record, the lower court is justifiable to reverse the judgment of the first instance court that found the Defendant guilty on the grounds that there was no proof of crime as to the indecent act committed by a physically and mentally weak person or between the physically and mentally weak person on December 10, 2014 among the facts charged in the instant case revised on the grounds stated in its reasoning, and that there was no proof of crime between the physically and mentally weak person on January 10, 2015. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the bounds of free

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