성폭력범죄의처벌및피해자보호등에관한법률위반(강간등상해)
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for five years.
. Information on the Defendant.
1. Summary of grounds for appeal;
A. The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) committed the instant crime as stated in the facts charged.
B. Even if the Defendant’s conviction is recognized, the lower court’s imprisonment (six years of imprisonment) is too heavy.
2. Determination on the grounds for appeal
A. As to the assertion of mistake of facts or misapprehension of legal principles, the formation of a conviction in a criminal trial is not necessarily required to be formed by direct evidence, but can be based on indirect evidence, and indirect evidence should not be individually or separately assessed, and it should be evaluated individually and separately, and shall be evaluated in a comprehensive manner by mutual relation with each other in all respects, and shall undergo a thorough and contradictory argument.
In addition, although the probative value of evidence is left to the discretion of a judge, it should be consistent with logical and empirical rules, and the degree of the formation of a conviction to be found guilty in a criminal trial should not be reasonable doubt. However, this does not require to the extent that all possible doubts are excluded, and rejection of evidence that is recognized as having probative value is beyond the bounds of the principle of free evaluation of evidence.
The reasonable doubt here refers to a reasonable doubt as to the probability of facts that cannot be matched with the facts in accordance with logical and empirical rules, rather than all questions and correspondences. Since the circumstances favorable to the defendant need to be based on the theory of sexual prosecution that grasped the facts in relation to the fact finding, the doubt based on conceptual or abstract possibility cannot be deemed to be included in a reasonable doubt.
In particular, scientific, such as genetic testing and blood type tests.