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(영문) 대법원 2020.09.24 2020도6161
준강간등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court acquitted the Defendant on the charge of this case on the ground that there was no proof of crime.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine regarding the determination of credibility of victim’s statement

2. A prosecutor who requests an attachment order also filed a final appeal against a request for attachment order, but did not state specific grounds for objection to the petition of a final appeal or appellate brief.

3. The final appeal by the prosecutor is all dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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