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(영문) 대법원 2018.08.01 2018도8436

상습미성년자의제강간

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court is justifiable to have determined that the instant facts charged (excluding the portion of innocence) was guilty on the grounds as indicated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules or by misapprehending the relevant

In addition, the argument that there is an error in the misapprehension of legal principles as to the amendment procedures of indictment in the judgment of the court below is not a legitimate ground for appeal as the defendant asserts that the court below did not consider it as the ground for appeal or ex officio.

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