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(영문) 대법원 2016.10.27 2016도13308

성폭력범죄의처벌등에관한특례법위반(장애인준강간)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds indicated in its reasoning, the lower court affirmed the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime regarding the violation of the Act on Special Cases Concerning the Punishment, etc. of Quasi-rape and Quasi-Indecent Act by compulsion of the disabled.

The judgment below

In light of the records, we affirm the above judgment of the court below as just.

In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the boundaries of free evaluation of evidence against logical and empirical rules.

2. As long as the prosecutor filed an appeal against the case claiming an attachment order, the appeal is deemed to have been filed regarding the case claiming the attachment order. However, the petition of appeal does not state any grounds of appeal and the appellate brief does not state any grounds of appeal.

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