강간치상
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that each statement made by the victim and the F (the husband of the victim) that conforms to the facts charged of the injury resulting from rape in the instant case includes contents that are difficult to make a statement without direct experience, the whole of which is consistent, and it is difficult to deem that the victim and F have a malicious appraisal sufficient to mislead the defendant, the victim and the defendant's statement contrary thereto are credibility in light of the fact that it is difficult or inconsistent in itself, and the defendant's statement contrary thereto is submitted by the prosecutor, and the facts charged of the injury resulting from rape in the instant case are sufficiently recognized.
2. However, the court below rendered a not guilty verdict of the injury resulting from rape in this case on the grounds that the victim's testimony at the investigative agency and court of the court below and the F's statement at the court of the court below, which are the direct evidence corresponding to the facts charged of the injury from rape in this case, are hard to believe in light of the circumstances acknowledged by other evidence, and the remaining evidence submitted by the prosecutor are insufficient to recognize it, and there is no other evidence to recognize it. In light of the records, the above judgment of the court below is acceptable.
The grounds for appeal are without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.