beta
(영문) 부산고등법원 2014.06.25 2014노65

강간치상

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds of appeal submitted by the prosecutor (the prosecutor), the court below rendered a not guilty verdict on the injury caused by rape even if the victim was found to have suffered injury due to rape of the defendant, which affected the conclusion of the judgment by misunderstanding the facts.

2. Determination

A. The lower court determined on the day of the instant case, based on the following: (a) the victim was diagnosed at a university hospital on the day of the instant medical examination, and was diagnosed with the scambal damage and scambal damage; (b) the victim was provided with the treatment of antibiotics and scambal therapy to prevent sexual diseases; and (c) the victim did not receive any special treatment due to the above scambal; (b) the victim was naturally cured even without any specific medical treatment, such as scambaling on the upper part; (c) the victim’s face or head was deemed not to have been exposed to the physical examination; and (d) the clinical instructor of a university hospital did not require any special treatment; (c) the victim’s wife was naturally cured within 1 to 2 weeks; and (v) the victim’s answer was submitted by the prosecutor as to the injury caused by rape; and (d) the evidence presented by the prosecutor as to the injury caused by rape in light of the above circumstances.

B. Examining the evidence duly adopted and examined by the court below in light of the records, the judgment of the court below is just and acceptable, and the judgment of the court below cannot be deemed to contain any error of mistake of facts as alleged by the prosecutor, and the prosecutor's assertion is without merit.

3. The defendant's written waiver of appeal, which the defendant submitted, is judged as to the defendant's assertion.