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(영문) 대법원 2015.01.15 2014도14685
준강간미수
Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court and the first instance court, the lower court was justifiable to have found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning, and did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules or by misapprehending the legal doctrine on the attempted quasi-rape.

In addition, the argument that the defendant misleads the victim of his intention in the internal deliberation, and that such mistake is dismissed due to justifiable grounds is not a legitimate ground for appeal, and it is not a legitimate ground for appeal since the defendant asserts that it is not a legitimate ground for appeal or that it is not subject to an ex officio decision by the court below.

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

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