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(영문) 대법원 2016.12.29 2016도16350

성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below’s determination that the charged facts of this case were guilty on the grounds as stated in its reasoning is just, and contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence or by misapprehending the principle of the

Meanwhile, the argument that the lower court erred by misapprehending the legal doctrine on the specification of the facts charged, thereby infringing on the Defendant’s right to defense, is only a ground for appeal, or that the lower court did not have decided ex officio. Thus, it cannot be a legitimate ground for appeal.

Furthermore, the lower court did not err in its determination as otherwise alleged in the grounds of appeal.

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