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(영문) 대전고등법원 (청주) 2015.09.10 2015노9
강간치상등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the evidence submitted by the prosecutor, including the statements of the victim, the court below is sufficiently recognized as charged of rape and bodily injury resulting from rape which the court below acquitted.

2. In light of the records, the court below's decision that acquitted the victim of each of the facts charged of rape and injury resulting from rape on the ground that each of the statements in the investigative agency and court of the court below, which correspond directly to the above facts, has no credibility or limitation of probative value in light of the circumstances as stated in its reasoning, and the remaining evidence submitted by the prosecutor alone is insufficient to recognize it, and there is no other evidence to recognize it, and there is no error of law such as misunderstanding

The prosecutor's ground for appeal is without merit.

3. If so, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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