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(영문) 대법원 2016.08.24 2016도8949

성폭력범죄의처벌등에관한특례법위반(강간등상해)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the lower court, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of free conviction doctrine against logical and empirical rules, or by misapprehending the legal doctrine on the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) and the revocation

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