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(영문) 대법원 2014.01.16 2013도13628

성폭력범죄의처벌등에관한특례법위반(특수준강간)등

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 by the court below, the court below was just in finding 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. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to the victim’s understanding or presumption of consent, expectation of lawful acts, and mental and physical disability.

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