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(영문) 대법원 2018.11.29 2018도12486

강간등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court was justifiable to have determined that the Defendant was guilty of the instant facts charged (excluding the portion not guilty of the reasoning) on the grounds indicated in its reasoning.

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation against logical and empirical rules, or by misapprehending the legal doctrine on the degree of intimidation as a requirement for the establishment of rape, without exhausting all necessary deliberations, as alleged in the grounds of appeal.

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