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(영문) 대법원 2017.09.12 2017도10416
준강간
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted the Defendant on the grounds that there is no proof of a crime with regard to the primary facts of this case, and acquitted the Defendant on the grounds that there is no proof of a crime with regard to the ancillary facts of this case added

The judgment below

Examining the reasoning in light of the record, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, it did not err by misapprehending the legal principles on the mentally and physically weak person in the crime of rape, or sexual intercourse with the mentally and mentally weak person.

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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