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(영문) 대법원 2020.03.27 2020도25
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

All appeals are dismissed.

Reasons

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

1. The lower court affirmed the first instance judgment convicting of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape) among the facts charged in the instant case on the grounds as indicated 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 by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on arrest of flagrant offenders.

2. When a defendant files an appeal against a prosecuted case regarding a request for attachment order, the defendant is deemed to have filed an appeal against the probation order ex officio when the judgment of the court of the first instance dismisses the request for attachment order.

However, there is no entry of reasons in the petition of appeal, and there is no entry of reasons for objection in the petition of appeal.

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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