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(영문) 대법원 2019.01.31 2018도18136
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment regarding the instant case in light of the evidence duly admitted, the lower court is justifiable to have convicted the Defendant of the instant facts charged on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence

2. As to the case of request for probation order, as long as the defendant and the person requesting probation order file an appeal against a prosecuted case, an appeal shall be deemed to have been filed regarding the case of request for probation order.

However, there is no statement of grounds for objection in the petition of appeal or the appellate brief.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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