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(영문) 대법원 2016.07.07 2016도5996
성폭력범죄의처벌등에관한특례법위반(강간등치상)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court, on the grounds indicated in its reasoning, found the Defendant guilty of the instant charges.

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court and the first instance court, the lower court did not err in its judgment by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on “a dangerous object” in the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

In addition, the lower court, based on its stated reasoning, has “special circumstances in which personal information shall not be disclosed”

The judgment of the court of first instance ordering the disclosure and notification of information on the defendant for five years as it is. In light of the purport and records of the relevant provisions of law, such measures of the court below are justified, and there is no error of law by misunderstanding the legal principles as to the disclosure and notification order, as alleged in the grounds of 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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