logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.12.29 2016도12079
준강간등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the charge of quasi-rape, the lower court upheld the first instance judgment that acquitted Defendant A on the ground that there was no proof of crime regarding the charge of quasi-rape among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the record, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors of misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, thereby failing to exhaust all necessary deliberations and finding the facts concerning

2. As to the charge of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the lower court, on the grounds indicated in its reasoning, determined that there was no proof of crime regarding the Defendants’ violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes among the instant facts charged, reversed the judgment of the first instance which convicted the Defendants

The judgment below

In light of the records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors of misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules and thereby finding facts about the defendants' conspiracy.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow