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(영문) 대법원 2020.05.14 2020도3490
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by the prosecutor, the lower court acquitted the Defendant on the ground that there was no proof of crime regarding the part concerning the victim B among the facts charged in the instant case and the part concerning sexual intercourse with the victim C around July 30, 2017.

Examining the record in accordance with the relevant legal principles, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by misapprehending the legal doctrine on the establishment of a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (e.g., fraud by the disabled) and

2. As to the Defendant’s grounds of appeal, the lower court found the Defendant guilty of the part regarding sexual intercourse with the victim C on July 2017 among the facts charged in the instant case on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violating the Act on Special Cases Concerning the Punishment,

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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