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(영문) 대법원 2014.07.24 2014도4979
성폭력범죄의처벌등에관한특례법위반(특수강간)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the relevant legal principles and the evidence duly admitted by the first instance court maintained by the lower court, the lower court was justifiable to have determined that the Defendant’s intent to rape was recognized on the grounds indicated in its reasoning, and that the key used by the Defendant during the instant crime constituted “hazardous goods” as provided by Article 4(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation

2. As to the case for which a request to attach an attachment order is filed, the Defendant’s appeal is deemed to have been filed regarding the case for which the request to attach an attachment order is sought.

However, there is no entry of reasons in the petition of appeal and there is no entry of reasons for objection 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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