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(영문) 광주고등법원 (전주) 2016.04.05 2016노27
강간치상
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the statements of the victim, the results of genetic appraisal, and the evidence submitted by the prosecutor, including the body of the victim, the charges of this case are sufficiently recognized that the defendant raped the victim and sustained bodily injury therefrom.

Nevertheless, the judgment of the court below which acquitted the above facts charged is erroneous by mistake.

2. The lower court determined [Judgment] as to the Defendant and the defense counsel’s assertion] item, in light of the facts admitted by the evidence adopted, the victim’s statement that corresponds to the facts charged is difficult to believe and evidence submitted by the prosecutor alone is proven to the extent that there is no reasonable doubt as to the facts charged.

On the ground that it is difficult to see it, the lower court acquitted the instant charges.

The judgment of the court below is just in light of the following circumstances acknowledged by the records (a fixed notification) and factual inquiry (the "Special Investigation Agency of the National Institute of Scientific Investigation") and the following circumstances, i.e., the victim's quality, content, and clothes, and the Defendant's Y-STRNN was detected at the victim's quality contents, inner and lower part of the clothes, but the fixed training response was also made at the victim's expense other than the fixed amount. Meanwhile, the fixed training response did not mean that the fixed amount training response immediately exists in the victim's quality, etc., and the Defendant's Y-STRNN was not known that the fixed amount training response was a part of the human body other than the sperm, and thus, it cannot be found that the Defendant's Y-STRN was a part of the human body other than the sperm, and considering the aforementioned positive response and the result of Defendant's DNA detection lack to prove sexual intercourse in the facts charged in this case, the judgment of the court below is justified.

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