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(영문) 대법원 2017.05.11 2017도1619
준유사강간등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court reversed the first instance judgment convicting the Defendant on the grounds that there was no proof of crime regarding quasi-similar rape among the facts charged in the instant case, and sentenced the Defendant not guilty on this part of the facts charged.

In light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine regarding the trial-oriented principle and the direct psychological principle, as alleged in the grounds of appeal, and by misapprehending the logical and empirical rules.

In addition, the prosecutor appealed the entire judgment of the court below, but the remainder does not indicate specific grounds for appeal in the final appeal and the reasoning of the final appeal.

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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