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(영문) 대법원 2016.12.15 2016도15875

강간상해

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 charge of this case was guilty on the grounds 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 relevant legal principles.

In addition, considering the reasoning of the judgment below in light of the records, the court below is just in rejecting the defendant's assertion on mental and physical disability, and there is no violation of law as 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.