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(영문) 대법원 2018.01.25 2017도19571
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment’s appeal in light of the evidence duly admitted, it is acceptable that the lower court upheld the first instance judgment that found the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes among the instant facts charged, 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 assault and intimidation or dangerous objects in the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual

2. Examining the reasoning of the judgment of the court below in light of the records, it is acceptable that the court below affirmed the judgment of the court of first instance which acquitted the prosecutor on the ground that there was no proof of crime regarding the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) among the facts charged in the instant case on the grounds

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on injury caused by indecent act by force.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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