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(영문) 대법원 2021.01.28 2020도16054
준강간등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court convicted the Defendant of quasi-rape and forced indecent act among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation without exhaust all necessary deliberations, or by misapprehending the legal doctrine on the meaning of mental and physical loss or non-performance of resistance in the crime of rape or quasi-performance of indecent act.

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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