성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. With respect to the written statement prepared by the victim's withdrawal or revocation of the victim's consent to the written statement by the police and the written statement prepared by the police of the victim, the defendant's public defender was given consent against the defendant's interest in accordance with the recommendation of the court below at the fifth trial of the court below. The defendant did not raise an objection immediately on the wind that the defendant did not know the meaning of the consent. The defendant's consent to the evidence that has a serious illegal reason contrary to the legitimate procedure can be withdrawn or revoked until the judgment is pronounced, and the above written statement and the written statement are inadmissible unless the defendant clearly expresses his/her intention to withdraw the above written consent
B. The Defendant does not have any fact at the time of the instant crime, and the gene type of a fixed amount found in the scene of the crime is different from the husband of the victim D or the defendant’s gene type, and the possibility that the third party, i.e., the Defendant, other than the Defendant, left the fixed amount, may not be ruled out.
Therefore, it is difficult to view that the evidence submitted by the prosecutor, such as the Defendant’s use of the Defendant’s T money card, the victim’s statement about the appearance of the offender, etc., supporting the existence of the fact between the Defendant and E at the time of committing the crime, which corresponds to the Defendant’s gene type found at the scene of the crime, is insufficient to view that the Defendant was the offender of the instant case without reasonable doubt.
Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous by misunderstanding facts and affecting the conclusion of the judgment.
2. Determination
A. As to the allegation of withdrawal or revocation of the evidence consent, the declaration of consent to evidence under Article 318 of the Criminal Procedure Act is made before the examination of evidence is completed.