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(영문) 대법원 2018.03.29 2018도1642
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower court, the lower court was justifiable to have found the Defendant guilty of violating the Act on the Punishment, etc. of Sexual Crimes (excluding the part not guilty of the grounds for appeal) on August 29, 2015 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 state of non-competence in special rape.

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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