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(영문) 대법원 2018.06.12 2018도4937

성폭력범죄의처벌등에관한특례법위반(장애인강간)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court, on the grounds the same as indicated in its reasoning, convicted all of the violations of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (e.g. fraudulent means against persons with disabilities), violations of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (e.g., similarity of persons with disabilities), violations of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (e.g.,

In light of the relevant legal principles and records, the lower court erred by misapprehending the legal principles on indecent acts against the disabled persons by force, thereby infringing the Defendant’s right of defense, failing to exhaust all necessary deliberations, or exceeding the bounds of the principle of free evaluation of evidence in violation of the rules of evidence, contrary to what is alleged in the grounds of appeal.

subsection (b) of this section.

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