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(영문) 대법원 2016.08.24 2016도8348
준강간
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the lower judgment and the reasoning of the first instance judgment maintained by the lower court in light of the records, it is justifiable to maintain the first instance judgment that acquitted the facts charged in the instant case on the grounds that there was no proof of crime.

Contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the crime of rape.

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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