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(영문) 대전고등법원 (청주) 2015.02.05 2014노244
강간치상등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The statements made by the victim and witness F, who correspond to the facts charged of the injury resulting from rape in the instant case, are reliable, and the facts charged of the injury resulting from rape in the instant case are sufficiently recognized, in full view of other evidence submitted by the prosecutor.

B. The punishment of the lower court (compactly unfair) is too unreasonable because it is too unreasonable for the Defendant (eight months of imprisonment) to be sentenced.

2. Determination:

A. Examining the prosecutor’s assertion of misunderstanding of facts in light of the records, the court below’s decision that acquitted the victim of the injury resulting from rape on the ground that each of the statements in the investigative agency and the court of the original instance and F’s statements in the court of the original instance, which correspond to the facts charged of the injury resulting from rape of this case, are hard to believe in light of the circumstances acknowledged by other evidences, and the remaining evidences submitted by the prosecutor are insufficient to recognize it, and that there is no other evidence to acknowledge it.

The prosecutor's ground for appeal is without merit.

B. As to the Defendant’s assertion of unreasonable sentencing, the lower court sentenced the Defendant for eight months of imprisonment, considering the circumstances cited in the grounds of appeal, even if the lower court’s sentencing is considered in light of the records, based on the following: (a) the instant crime was committed against the visually impaired, which is a larceny against the visually disabled; (b) the Defendant was subject to punishment for the same kind of crime; (c) the Defendant has the record of being subject to criminal punishment; (d) the Defendant is a criminal act during the repeated crime period; and (e) the Defendant appears not to have made efforts to reach an agreement with the victim; and (e) the Defendant appears to have been sentenced to the Defendant for eight months of imprisonment.

The defendant's grounds for appeal are without merit.

3. As such, each appeal filed by the defendant and the prosecutor is without merit.

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