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(영문) 대법원 2014.11.13 2014도12199
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, the court below is just in finding the Defendant guilty of the charge of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (Rape, etc. against minors under the age of 13), and violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape by Relatives). In so doing, the court below did not err by misapprehending the legal principles as to facts beyond the bounds of

In addition, among the grounds of appeal, there is a mistake of facts or misapprehension of legal principles as to each indecent act of this case.

The argument that there is an error of law in the misapprehension of legal principles as to the point of the indecent act by compulsion and the relation to the receipt of rape is not a legitimate ground for appeal, as alleged in the ground of appeal by the defendant, or by the court below's decision that it is not subject to adjudication ex officio.

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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