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(영문) 대법원 2014.09.04 2014도9114
강간상해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the court of first instance, the court below’s determination that the charges of this case were guilty on the grounds stated in its reasoning is justifiable. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence against the logical and empirical rules, or by misapprehending the legal principles

In addition, the argument that the defendant infringed the defendant's right to defense because the facts charged in this case are not specified in the grounds of appeal is not legitimate grounds of appeal since the defendant's assertion was filed only through the written summary of argument as of May 14, 2014, which was submitted by the defendant after the expiration of the period for filing the grounds of appeal, and the defendant's legitimate grounds of appeal are not legitimate grounds of appeal, or the court below

Even if there is no error in omission of judgment.

Furthermore, even if ex officio examination is conducted, since the facts charged in this case were sufficiently specified, it cannot be deemed that there was an obstacle to the exercise of the defendant'

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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