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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
1. The facts charged should be stated clearly by specifying the date, time, place, and method of the crime (Article 254(4) of the Criminal Procedure Act). The date and time of the crime should be stated to the extent that it does not conflict with double prosecution or prescription, and the purport of the law requiring the specification of the facts charged by such elements is to facilitate the exercise of the defendant’s right to defense. As such, the facts charged are sufficient to state the facts constituting the elements to the extent that the facts constituting the crime can be identified to the extent that it is distinguishable from other facts,
Therefore, even if the date, time, place, etc. of a crime are not specified in the indictment, it is not against the above degree, and it is inevitable to generally indicate it in light of the nature of the crime charged, and if it seems that there is no hindrance to the defendant's exercise of his right to defense, the contents of the indictment are not specified.
In light of the above legal doctrine and the record, it cannot be seen (see, e.g., Supreme Court Decision 2002Do2939, Oct. 11, 2002). Examining the foregoing legal doctrine and records, Article 1 of the instant facts charged that the Defendant committed rape or quasi-rape on four occasions, and Article 2 of the instant facts charged that the date and time of the crime under Article 2 of the instant facts charged that the Defendant committed an indecent act on the victim E three occasions is indicated as somewhat generally around “B, 2009, Jan. 2, 2010, Aug. 201, 206, 2010,” and “B, 2010, Jul. 2, 2010, and August 8, 2016.”
However, this seems to be due to the fact that the defendant's sexual assault against the victims was committed for a long time and it was difficult to expect that an investigation should be conducted after a long time from the first crime and accurate memory of the date.
In addition, it is not easy to secure objective evidence except the statements of one victim, and the date and time of crime is specified at a certain point in view of the characteristics of sexual crimes.