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(영문) 대법원 2016.08.30 2016도8858
강간등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower court in light of the evidence duly admitted by the first instance court, it is justifiable to have determined that the lower court was guilty of rape and insult among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of rape and the public performance of

In addition, the argument that there was error in the misapprehension of legal principles as to defamation on November 12, 2014, violation of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc. (Defamation) and violation of the Narcotics Control Act (Defamation), among the facts charged in the instant case, is not a legitimate ground for appeal since the Defendant’s ground for appeal or the lower court’s assertion that the Defendant did not take it as the object of judgment ex officio was raised in the final 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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