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(영문) 대법원 2017.03.30 2016도12803
아동ㆍ청소년의성보호에관한법률위반(준강간)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The first instance court found the Defendant not guilty on the ground that the facts charged in the instant case constituted a case where there is no proof of a crime. However, the lower court reversed the first instance judgment and convicted the Defendant of the instant facts charged on the ground that, in light of the circumstances as indicated in its reasoning, the victim was under the influence of alcohol at the time of the instant crime, whether the victim was cruel, and the victim and the Defendant’s attitude before and after sexual intercourse, the victim’s statement is sufficiently reliable, and other evidence submitted by the prosecutor is sufficient to have sufficient evidence to the extent that there is no reasonable doubt.

A thorough examination of relevant legal principles in light of the records and evidence, the lower court did not exhaust all necessary deliberations as alleged in the grounds of appeal and did not err by misapprehending logical and empirical rules.

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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