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(영문) 대법원 2020.04.09 2020도1049
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court convicted the Defendant of the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape by blood relation), the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent act by blood relation), and the violation of each of the Child Welfare

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the burden of proof and degree of proof in a criminal trial, and the credibility of the victim’s statement.

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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