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(영문) 광주고등법원 2016.06.16 2016노107
강간등
Text

All of the appeals by prosecutors are dismissed.

Reasons

The prosecutor's argument on the defendant A is proved to have committed rape and forced indecent act against the victim according to the evidence submitted by the prosecutor, so the court below's judgment that acquitted the defendant A is erroneous in the misapprehension of facts.

The argument is asserted.

However, examining the various circumstances cited by the court below with the record and closely, even if considering all the reasons for appeal asserted by the prosecutor, the evidence alone, which was submitted by the court below, proves that the facts charged against Defendant A are beyond reasonable doubt.

We affirm the judgment of the court below that it is difficult to view.

There is no error of misunderstanding of facts as alleged by the prosecutor.

We do not accept the prosecutor's assertion.

Defendant B made a judgment on the Prosecutor’s argument on the Defendant B, which led to the confession of the crime in this court, and the mistake is divided.

It seems that the degree of force used is not significant, and that the crime was not planned.

There is no criminal history of the same sex crime or suspended execution.

In light of the aforementioned factors, considering that Defendant B’s character and behavior, environment, motive and background of the crime, and circumstances after the crime, etc., even if considering that the sentencing of the lower court is disadvantageous to Defendant B among the various sentencing factors, it cannot be said that the degree of reversal is too uneasible.

We do not accept the prosecutor's assertion disputing this issue.

3. The appeal by the conclusion prosecutor is dismissed for all reasons.

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