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(영문) 대법원 2018.09.13 2018도10800
성폭력범죄의처벌등에관한특례법위반(장애인준강간)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court was justifiable to have convicted of the instant facts charged on the grounds stated in its reasoning.

In so doing, there were no errors by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by failing to exhaust all necessary deliberations, or by misapprehending the legal principles on the state of impossibility or difficulty in resistance against the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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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