성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
All appeals are dismissed.
The grounds of appeal are examined.
1. Part of the defendant's case
A. According to the reasoning of the lower judgment on the grounds of appeal by the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”), the lower court reversed the first instance judgment convicting the Defendant on the grounds that there is no evidence to acknowledge that the Defendant committed assault and threat to the extent that it would significantly impede the victim’s resistance from among the facts charged in the instant case on the grounds that there is no evidence to acknowledge that the Defendant committed a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor rape under thirteen years of age), and acquitted
The judgment below
Examining the reasoning in light of the evidence duly admitted by the court below, the above fact-finding and judgment of the court below are justifiable, and contrary to what is alleged in the grounds of appeal, there is no violation of the law of logic and experience and free evaluation
B. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court, on the grounds stated in its reasoning, reversed the first instance judgment that found the Defendant guilty and rendered a not guilty verdict on the ground that there was no proof of the relevant crime regarding the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor rape under the age of 13) among the instant facts charged, is justifiable. In so doing, contrary to what is alleged in the grounds of appeal,
2. In a case where the prosecutor filed a final appeal with respect to the case for which the request for attachment order is filed, the final appeal is deemed to have been filed regarding the case for which the request for attachment order is sought, but the appellate brief does not state the grounds therefor in the final appeal petition and
3. All final appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices.