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(영문) 서울고등법원 2015.07.16 2015노1287
강간등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Of the facts charged in the instant case, the victim’s statement that corresponds to the fact that the Defendant raped the victim on October 5, 2014 (hereinafter “this part of the facts charged”) is reliable.

Nevertheless, the lower court rejected the credibility of the victim’s statement and rendered a not-guilty verdict on this part of the facts charged. In so determining, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby affecting

2. Under the title of “not guilty portion”, the lower court rendered a not guilty verdict of this part of the facts charged on the ground that it is difficult to believe the victim’s statement as it is, and there is no other evidence to acknowledge this part of the facts charged, considering that the victim’s intellectual impairment exists in light of the circumstances indicated in its reasoning, which are acknowledged

In full view of the records, the above determination by the court below is just and it did not err by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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