성폭력범죄의처벌및피해자보호등에관한법률위반(주거침입강간등)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds of appeal is that each appraisal document and DNA identification information database search results related to the instant case (hereinafter “instant conspiracy”) were collected at the scene of the instant crime, and according to the above appraisal statement and the search results notification, the gene type of DNA extracted and separated from 5 points out of the instant conspiracy conforms to the Defendant’s DNA type. In light of the following, the facts charged of the instant case is found guilty, but the judgment of the court below acquitted the Defendant of the facts charged of the instant case, thereby affecting the conclusion of the judgment.
2. Determination
A. The judgment of the court below held that the victim stated that "the defendant was unable to properly consider the face of the criminal of this case because he was deprived of accommodation at the time of the crime of this case, covered the victim's face, and committed the crime of this case," and it cannot be direct evidence to the effect that "the defendant committed the crime of this case". Among the evidence submitted by the prosecutor, the evidence that "the defendant was directly consistent with the facts charged of this case" is "the gene type of DNA extracted from five points among the 12 points of conspiracy, which was recorded as being extracted from the scene of the crime of this case, and the DNA type extracted from five points of the defendant's mouth," and each appraisal statement that "the gene type of DNA extracted from five points of the defendant's oral skin type" (Article 10, 11, 170, 171, 179 through 181 of the Investigation Record) and the database search result of DNA identification information data (Article 20 of the Investigation Record) and only the defendant's gene type 20 points of the evidence of this case were extracted from 50 points of the investigation.