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(영문) 대법원 2016.01.28 2015도18889
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the judgment, the court below was just in finding the Defendant guilty of the facts charged of this case for the reasons stated in its holding, and there is no violation of law of free evaluation of evidence in violation of logical and empirical rules as alleged in the grounds of appeal.

In addition, examining the reasoning of the judgment below in light of the records, the court below is just in rejecting the defendant's argument about mental and physical weakness on the grounds as stated in its reasoning, and there is no error of law by misunderstanding the legal principles as to mental and physical disorder or

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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