성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
The appeal is dismissed.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court.
(Article 308 of the Criminal Procedure Act). On the grounds indicated in its reasoning, the lower court determined that the first instance court, which found the Defendant guilty of all the facts charged of the instant case, committed rape on the victim’s residence two times, was justifiable, and rejected the allegation in the grounds of appeal as to mistake of facts
The allegation in the grounds of appeal disputing the above fact-finding by the lower court on the ground of the lack of credibility of victim’s statement, recorded CDs, etc. is merely an error of the lower court’s determination on the selection and probative value of evidence, which belongs to the
In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, 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 on the degree of assault and threat in the crime of rape, the number of crimes committed in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Crime of Rape, etc.) by failing to resist in the crime of quasi-rape, the victim’s consent or consent in the crime of quasi-rape, the intentional intrusion of residence, mistake of fact, the collection of evidence, the resumption of pleading and pleading,
Meanwhile, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Therefore, the defendant's minor sentence