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The prosecutor's appeal is dismissed.
Reasons
The summary of the grounds for appeal is that the victim made a statement that corresponds to the facts charged in the injury of rape of this case, and the victim's statement has credibility in light of the fact that the victim escaped in the guest room on three occasions, the fact that the victim escaped on the left side of the victim, and the red country, etc.
Nevertheless, the court below rejected the credibility of the victim's statement, found the Defendant not guilty of the facts charged for rape of this case, and found the Defendant guilty only. The court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.
Judgment
The summary of the facts charged as to the injury of similar rape is as follows: (a) the date and time stated in the facts charged in the crime of injury in the judgment of the court below; (b) the defendant laid the victim who wants to come out of the telecom with the victim inside the telecom; (c) laid the chest of the victim into the telecom; (d) cut the victim’s chest; and (e) let the victim enter the victim’s chest; and (e) let the victim take the two legs of the defective victims by moving out of the room; and (e) let the victim take the brea of the defective victims; and (e) let the victim take the brea of the victim; and (e) let the victim take the brea of the victim; and (e) ske off the victim; and (e) caused the injury of the victim, such as a sloping, in which there is no open
In full view of the following circumstances through the examination of a witness by a victim, the lower court determined that the Defendant was sufficiently proven to the extent that there was sufficient doubt that the Defendant raped the victim.
It is difficult to see that the facts charged of injury to rape are judged not guilty, and only the crime of injury included therein was found guilty.
① The CCTV images recorded in the situation at the time of the occurrence of the instant case and the Defendant’s body photographs stored in the Defendant’s cell phone.