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(영문) 대법원 2019.02.14 2018도18857
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the Defendant’s ground of appeal in light of the evidence duly admitted, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds indicated in its reasoning.

In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on injury to the crime of rape.

2. On the grounds of appeal by the prosecutor, the court below reversed the judgment of the court of first instance that did not recognize it as having been in a state of mental disability at the time of each of the crimes in this case, and mitigated the defendant from mental disability.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the above determination by the court below is justifiable, and contrary to what is alleged in the grounds of appeal, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules

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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