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(영문) 대법원 2016.09.23 2016도10691
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court and the lower court, it is justifiable to have determined that the lower court convicted all of the facts charged in the instant case and the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special rape) on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the law on logic and experience and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on the crime of

Meanwhile, the ground of appeal to the effect that there was an error of misunderstanding of the legal principles as to assault, intimidation, or special intimidation in the judgment of the court below is only a ground for appeal by the defendant, or that the court below did not make it subject to judgment ex officio, and therefore, it does not constitute a legitimate ground of appeal.

B. In addition, the lower judgment did not err by misapprehending the legal doctrine as alleged in the grounds of appeal on this part.

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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