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(영문) 서울고등법원(춘천) 2020.12.09 2020노160
강간상해등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (five years of imprisonment, etc.) is too unhued and unreasonable.

B. Defendant 1) In the event of the crime of rape injury by rape in this case, the Defendant did not put the fingers in the part of the victim at the time of the crime of rape in this case. The victim’s statement that the Defendant laid his fingers in the part of the victim is not reliable and is also contrary to objective evidence such as DNA inspection results. Nevertheless, the lower court erred by misapprehending the fact that the Defendant, while committing the crime of rape injury by rape in this case, found that the Defendant laid his fingers in the part of the victim, was put in the part of the victim, and thereby adversely affecting the conclusion of the judgment. 2) The lower court’s sentence of unfair sentencing is excessively unreasonable

2. Judgment on the defendant's assertion of mistake of facts

A. The lower court determined that, in full view of the following facts and circumstances that can be acknowledged by the evidence duly admitted and investigated, the Defendant could have found that the Defendant’s finger was included in the sound book of the victim, as shown in the facts charged in this part, by comprehensively taking into account the following facts and circumstances:

The victim has consistently and naturally stated to the effect that the defendant has placed his/her fingers on the part of the victim from the investigation stage to the court of the court below.

The National Institute of Scientific Investigation and Research collected the body from the defendant's lethal fingers and analyzed DNA punishment, and the mixed DNA punishment of the defendant and the victim was detected.

B. In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the court of this Court’s relevant legal principles, as well as whether the content of the statement itself conforms to the rationality, logic, morality, or rule of experience, evidence or a third party’s statement, and whether it conforms to evidence or a third party’s statement before and after the oath of a judge, is difficult to record the witness’s appearance and attitude, and the statement of witness in the open court, such as a penance of the statement.

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