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(영문) 대전고등법원 2015.06.05 2015노89

성폭력범죄의처벌등에관한특례법위반(특수강간)등

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All of the appeals by prosecutors are dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the court below found the Defendants guilty of both the charges of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape) and the charges of quasi-rape against Defendant A, and even if the charges of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape) are not found guilty, the court below found the Defendants guilty of the charges of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special quasi-rape) added in the preliminary charges, despite the conviction of the Defendants. The court below erred by misapprehending the facts

2. In light of the following reasons, the court below acquitted the Defendants of each of the above charges on the charges of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape), the charges of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape) and the charges of quasi-rape against Defendant A, which are the primary charges against the Defendants, and the charges of quasi-rape against Defendant A, based on the evidence duly adopted and investigated by the court below, on the grounds that each of the statements in the victim G investigative agency and the court of the court of the court below, which are the core evidence supporting each of the above charges, are insufficient to acknowledge credibility and there is insufficient evidence to prove otherwise.

Examining the judgment of the court below in comparison with the records, the judgment of the court below is just and acceptable, and there is no error of law by mistake of facts as alleged by the prosecutor. Thus, the prosecutor's assertion is without merit.

I would like to say.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.