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(영문) 대법원 2018.11.29 2018도14482
강간
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court was justifiable to have determined that the instant preliminary charges were guilty on the grounds stated in its reasoning.

Contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the state of non-competence in the crime of rape, and the criminal intent.

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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