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(영문) 대법원 2019.07.25 2019도5078
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the prosecuted case, the lower court convicted the Defendant of the instant facts charged, on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on emergency arrest.

2. With respect to the case of the request for attachment order, if the defendant and the respondent for the attachment order file a final appeal regarding the case of the accused case, the appeal shall be deemed to have been filed regarding the case of the request for attachment

However, there is no entry of the grounds of appeal in the petition of appeal and there is no entry of the grounds of appeal in the appellate brief.

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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