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(영문) 대법원 2015.06.24 2014도16409

강간등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the record, it is reasonable for the court below to maintain the judgment of the first instance that acquitted the Defendant on the ground that rape among the facts charged of this case constitutes a case where there is no proof of crime. In so doing, contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds

On the other hand, the prosecutor appealed against the guilty portion of the judgment below, but there is no indication of the grounds for appeal in the petition of appeal and there is no statement of the grounds for appeal in the appellate brief.

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