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(영문) 대법원 2020.11.26 2020도7226

성폭력범죄의처벌및피해자보호등에관한법률위반(강간등치상)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Judgment on the grounds of appeal by the prosecutor

A. As to the grounds of appeal on the admissibility of evidence of the records of the Investigation Committee at the Prosecution and the Investigation Committee on Victims of Sexual Crimes and the records on the records of the Investigation Committee, the lower court maintained the conclusion of the first instance judgment that the records of the Investigation Committee at the Prosecution were inadmissible. Examining the reasoning of the lower judgment in light of the records, the lower court did not err by misapprehending the admissibility of hearsay evidence or the legal principles as to Article 313 of the Criminal Procedure Act, etc., and did not adversely affect the conclusion of the judgment. 2) On the grounds stated in its reasoning, the lower court acquitted the Defendant of the grounds of appeal on the grounds that there was no proof of the crime against the Defendant’s crimes committed rape and the injury from rape in the instant facts charged on the grounds that there was no evidence of the crime, and found the Defendant guilty on the grounds of the violation of the Act on the Punishment of Sexual Crimes and Protection of Victims of Sexual Crimes and Protection of Victims Thereof (special rape) included in the part of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof.

The judgment below

Examining the reasoning in light of the relevant legal principles and the record, the lower court’s determination that it is difficult to view that it was proven to the extent that it is beyond a reasonable doubt that “the victim’s external stress disorder was caused by psychological failure, such as this part of the facts charged, and by the crime of rape,” the victim’s statement credibility and the punishment of sexual crimes