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(영문) 대법원 2018.02.08 2017도19294
강간등
Text

The appeal is dismissed.

Reasons

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

1. Examining the grounds for appeal as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), in light of the legal principles as indicated in the judgment below and the evidence duly admitted, including the victim’s statement, the court below specified the contents of prosecution related to the list of crimes (II) as stated in the judgment of the court below on the grounds of its stated reasoning.

Next, based on the facts and circumstances stated in its holding, it is just to determine the guilty of the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (excluding the part not guilty of the reasoning). There is no error in the misapprehension of legal principles as to the specific facts charged, the act of deception, the act of disposal by the victim, and the relation between the victim's person who committed the act of disposal and the person in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.

2. Examining the reasoning of the judgment of the court below and the reasoning of the judgment of the court of first instance on the grounds of rape in light of the legal principles as stated in the judgment below and the evidence duly admitted, including the victim’s statement, the court below is just in finding the defendant guilty of rape by deeming that the defendant’s act, on the grounds as stated in its reasoning, has exercised a tangible power to the extent that it considerably difficult to resist the victim’s resistance. In so doing, the court below did not err by misapprehending the legal principles on assault and intimidation in violation of logical and empirical rules or by failing to exhaust all necessary deliberations, thereby exceeding the bounds of

3. Examining the grounds for appeal as to each fraud in light of the reasoning of the lower judgment and the evidence duly admitted, the lower court’s reasoning is based on its stated reasoning.

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