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(영문) 대법원 2019.10.31 2019도11891
성폭력범죄의처벌등에관한특례법위반(장애인준강간)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court found the Defendant guilty of the instant charges on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not exhaust all necessary deliberations, and did not err by exceeding the bounds of the principle of an indictment only, or by misapprehending the legal doctrine on the “influence or disturbance of resistance” and “competence” as prescribed by Article 6(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, or by misapprehending the principle of an indictment only, or by misapprehending the legal doctrine on “influence or disturbance of resistance”

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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