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(영문) 광주고등법원 (전주) 2013.11.05 2013노140
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles as stated in the judgment of the court below

paragraphs 1 and 2.

The court below found the defendant guilty of all the charges of rape and indecent act by compulsion of a victim by assault and threat to the extent that the victim's resistance may be considerably difficult. Thus, the court below erred by misapprehending the rules of evidence or by misapprehending the legal principles on assault and threat of each of the above crimes, thereby adversely affecting the conclusion of the judgment.

B. Unless there is an unreasonable sentencing, the sentence imposed by the court below (seven years of imprisonment, etc.) is too unreasonable.

2. Determination

A. 1) Determination on the assertion of mistake of facts or misapprehension of legal principles must be made to the extent that there is no reasonable doubt for finding a guilty guilty in a criminal trial. However, this does not require any reasonable doubt to the extent that it excludes all possible doubts. Here, “reasonable doubt” refers to a reasonable doubt as to the probability of a fact that cannot be matched with the facts based on logical and empirical rules, rather than including any doubt and faith, and such doubt cannot be deemed as being included in a rational doubt (see, e.g., Supreme Court Decisions 2004Do221, Jun. 25, 2004; 2004Do362, Apr. 15, 2005; 2010Do12728, Jan. 27, 2011).

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