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(영문) 대법원 2018.05.15 2018도4641

준강간

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the relevant legal principles and records, the lower court’s judgment that found the Defendant guilty of the facts charged of this case on the grounds as stated in its reasoning of appeal did not err by misapprehending the rules of evidence or by misapprehending the legal doctrine on “mental and physical loss or resistance impossible” in the crime of quasi-rape, as alleged in the grounds of appeal, nor did the lower court erred by misapprehending the legal doctrine on “the crime of quasi-rape” and did not err by violating the law that affected the conclusion of the judgment

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