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(영문) 대법원 2014.04.24 2011도4034

강간 등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For reasons indicated in its holding, the lower court rejected the evidence that corresponds to the facts charged of rape, attempted rape, non-competence, and confinement in the instant case, and determined that the facts charged constitute a case where there is no proof of a crime, and reversed the first instance judgment convicting the said facts charged, and sentenced the Defendant not guilty.

The judgment below

Examining the reasoning of the judgment below in light of the records, we affirm the judgment below and there is no error of law by misapprehending the legal principles as to each of the above crimes.

On the other hand, the prosecutor filed an appeal against the guilty portion of the judgment below, but there is no indication of the grounds for appeal in the petition of appeal nor any statement of the grounds for appeal as to the grounds for appeal.

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