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(영문) 대법원 2015.02.12 2014도16102
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the judgment below in light of the records, the court below is just in rejecting the judgment of the court of first instance which found the defendant guilty on the ground that there was no proof of the crime, and it did not err in the misapprehension of logical and empirical rules, as otherwise alleged in the grounds of appeal. The court below did not err in failing to exhaust all necessary deliberations but did not err in finding the facts contrary to the rules of logic and experience.

Meanwhile, although the prosecutor appealed to the whole of the defendant's case, the defendant did not state the grounds for appeal as to the guilty portion, and the appellate brief does not state the grounds for appeal.

2. With respect to the case for which the request for attachment order is filed, a prosecutor shall be deemed to have filed an appeal regarding the case for which the request for attachment order is filed.

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

3. 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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