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(영문) 대법원 2015.01.29 2014도12818
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court’s conviction of robbery and rape among the facts charged of the instant case on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the bounds of the principle of free evaluation of evidence

In addition, examining the reasoning of the judgment below in light of the records, it is just for the court below to reject the assertion about mental disorder on the grounds of its stated reasoning, and there is no violation of law not recognizing the defendant's mental disorder

Meanwhile, the argument that there is an error of mistake or misapprehension of legal principles as to inducing indecent acts and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, among the grounds of appeal, is not a legitimate ground of appeal, as it is alleged in the ground of appeal that the defendant did not consider it as the grounds of appeal or make it subject to judgment ex officio.

Furthermore, even in examining records, the lower court did not err by misapprehending the legal doctrine as alleged by the Defendant.

2. With respect to this part of the claim for attachment order, there is no indication of the grounds for appeal in the petition of appeal nor any statement of the grounds for appeal 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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