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(영문) 대법원 2014.08.28 2014도8375
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant A in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court is justifiable to have found Defendant A guilty of all the charges of this case on the grounds stated in its reasoning. In so doing, the lower court did not err by violating the logical and empirical rules and exceeding the bounds

2. Examining the reasoning of the lower judgment on Defendant C’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found Defendant C guilty of all of the facts charged in the instant case on the grounds stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on “defensive force” in the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as

3. As to the grounds of appeal No. D by the Defendant and the candidate for medical treatment and custody (hereinafter “Defendant”).

A. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, in light of the evidence duly admitted by the lower court, the lower court is justifiable to have determined that all the facts charged (excluding each fraud) of the instant case is guilty on the grounds indicated in its reasoning, and there is no violation of the law of logic and experience and free evaluation of evidence.

B. As long as the above defendant filed an appeal against the case claiming medical treatment and custody, the appeal is deemed to have been filed regarding the case claiming medical treatment and custody. However, without stating the grounds for appeal in the petition of appeal, the appellate brief does not indicate the grounds for appeal.

4. 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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