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(영문) 대법원 2016.09.08 2016도7514
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the prosecuted case, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there is no proof of crime as to the facts charged in the instant case.

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

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or misapprehending the legal principles on sexual intercourse by force.

2. With respect to the case for which the request for attachment order is filed, a prosecutor shall be deemed to have filed a final appeal regarding the case for which the request for attachment order is filed.

However, there is no indication of the grounds of appeal in the petition of appeal and there is no indication of the grounds of appeal in the petition of appeal.

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

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