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(영문) 대법원 2016.08.25 2016도9846
준강간등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the record, it is justifiable for the court below to maintain the judgment of the court of first instance that acquitted the Defendant on the ground that the act of quasi-rape among the facts charged in the instant case constitutes a case where there is no proof of facts constituting a crime, and there is no violation of logical and empirical rules, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal principles as to the impossibility and intentional act

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but does not indicate the grounds of appeal as to the petition of appeal or the reasons of appeal.

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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