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(영문) 대법원 2018.01.24 2017도17621

준강간등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court upheld the first instance judgment that acquitted the Defendant on the charge of quasi-rape in the instant facts charged on the ground that there was no proof of crime.

Examining the record, the above determination by the court below is justifiable.

There is no error of exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending relevant legal principles.

On the other hand, although the prosecutor appealed against the entire judgment of the court below, the remaining guilty portion is not indicated in the petition of appeal or the reasoning of appeal.

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