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(영문) 대법원 2015.02.26 2014도17774
성폭력범죄의처벌등에관한특례법위반(강간등치상)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the judgment below in light of the records, it is just to maintain the judgment of the court of first instance which acquitted the Defendant on the charge of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes among the facts charged in the instant case on the grounds stated in its reasoning, on the ground that there is no proof of facts constituting the crime. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of logic and experience and free evaluation of evidence

2. In the event that a prosecutor files a final appeal with respect to a case for which the request for attachment order is filed, the appeal shall be deemed to have been filed regarding the case for which the request for attachment order is filed, but the petition of final appeal or the statement of final appeal

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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