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(영문) 대법원 2020.5.14.선고 2020도2349 판결
가준강간미수·나.부정청탁및금품등수수의금지에관한법률위반
Cases

2020Do2349 Attempted quasi-rape

(b) Violation of the Improper Solicitation and Graft Act;

Defendant

A

Appellant

Defendant

Defense Counsel

Law Firm Lee Hun-han

Attorney Kim Woo, and Kim Sung-jin

Attorney Kim Young-soo, Kim Jong-chul, and Kim Tae-tae

Judgment of the lower court

Seoul High Court Decision 2019No1770 Decided February 7, 2020

Imposition of Judgment

May 14, 2020

Text

The appeal shall be dismissed.

Reasons

The grounds of appeal are examined (to the extent that the grounds of appeal are supplemental appellate briefs not timely filed).

Based on the reasoning stated in the judgment below, the lower court convicted the Defendant of the attempted quasi-rape part of the facts charged in the instant case. Examining the reasoning of the lower judgment 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 of evidence contrary to logical and empirical rules, or by misapprehending the legal doctrine on the victim’s statement credibility judgment, or attempted disability judgment. Therefore, the lower court’s dismissal of the appeal is so decided as per Disposition by the assent of all participating

Justices Park Jae-young

Justices Lee Ki-taik

Justices Kwon Soon-il

Justices Park Jung-hwa

Jeju High Court Justice Kim Jong-soo

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