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(영문) 광주고등법원 2018.01.18 2017노394

강간미수

Text

The prosecutor's appeal is dismissed.

Reasons

1. In the appellate court’s appellate court’s determination of the prosecutor’s assertion of mistake of facts, there is no new objective reason that may affect the formation of a conviction, and in the absence of reasonable circumstances to deem that the first deliberation evidence was clearly erroneous or that the argument leading to the acknowledgement of facts was considerably unfair due to the violation of logical and empirical rules, etc., the judgment on the finding of facts in the first deliberation shall not be reversed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). A prosecutor shall not reverse without permission the judgment on the finding of facts in the first deliberation, unless there are reasonable circumstances to deem that the judgment was remarkably unfair (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). According to evidence submitted by the following: (a) the victim’s statement is consistent with the victim’s statement, it is difficult to deem the victim’s statement to be false; (b)

The argument is asserted.

However, examining the various circumstances cited by the court below with the record and closely, even if the prosecutor considered all the contents of the appeal, the evidence submitted by the prosecutor alone alone proves that this part of the facts charged is beyond reasonable doubt.

We affirm the judgment of the court below that it is difficult to view.

There is no error of misunderstanding of facts as argued by the prosecutor.

We do not accept the prosecutor's assertion.

2. The appeal by the prosecutor of conclusion is dismissed on the ground of appeal.