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(영문) 부산고등법원 (창원) 2013.09.13 2013노27
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Although the statements of the victim of the summary of the grounds for appeal are reliable and all facts charged are recognized, the first instance court erred by misapprehending the facts against the rules of evidence in finding the facts charged.

2. The judgment of the first instance court, under the title "judgment" in the text of the judgment of the court of first instance, stated detailed reasons for the facts charged of this case. The victim's statement is not guilty on the grounds that it is difficult to view the victim's behavior as the act of sexual assaulter against the defendant, his father, because it is difficult to view it as the act of sexual assaulter from the defendant, his father, because it is difficult to prove that the facts charged of this case was true enough to the extent that there is no reasonable doubt for deliberation.

In a thorough examination of the evidence records of this case, there is no special circumstance to deem that the first instance court clearly erred in finding that the victim's statement was not reliable, nor there is no additional evidence to find that maintaining such judgment is remarkably unfair in the trial court, and there is no other evidence to prove the facts charged of this case.

Therefore, the decision of the court of first instance that the defendant was not guilty of the facts charged in this case is just, and there is no error of misconception of facts in violation of the rules of evidence.

Therefore, prosecutor's argument is without merit.

3. In conclusion, 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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