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(영문) 광주고등법원 2017.05.18 2016노558

강간치상등

Text

The prosecutor's appeal is dismissed.

Reasons

A prosecutor’s assertion of mistake on the facts in the facts alleged by the prosecutor, based on the evidence submitted, proves that the defendant suffered bodily injury by rape and at the same time detained the victim, and thus, the court below acquitted the defendant on the facts charged of this case.

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 accusation on the grounds of appeal, the submitted evidence alone proves that the facts charged in this case 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 conclusion prosecutor is dismissed for reasons.