(영문) 대구고등법원 2019.07.10 2018노570 | 리걸엔진

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Reasons

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자간(%)

(영문) 대구고등법원 2019.07.10 2018노570

아동ㆍ청소년의성보호에관한법률위반(강간)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the victim stated the process of committing the instant crime in a consistent and concrete manner from the investigative agency to the court below. In light of the fact that the victim did not have any grounds to dismiss the defendant in light of the circumstances of the report, and that the victim’s statement D and E appeared to be contrary to the victim’s statement cannot be trusted, the victim’s statement is very high in credibility.

According to the victim's credibility statement, the court below found the defendant guilty of the charges of this case, but found the defendant not guilty of the charges of this case. The court below erred in misunderstanding of facts.

2. The burden of proof for the criminal facts prosecuted in a criminal trial for judgment is to be borne by a public prosecutor, and the conviction is to be based on evidence with probative value that makes a judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, the suspicion of guilt is between the defendant, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2005Do4737 Decided February 24, 2006, etc.). The lower court stated that the Defendant, like the victim’s statement, had raped the victim, but, in other words, as stated in its reasoning, the Defendant made a statement to the effect that the Defendant was different from the victim, namely, (i) i.e., (ii) d or E having drinking alcohol with the Defendant; (ii) e, as the victim’s relative, cannot be deemed as a friendly relationship with the Defendant; and (iii) e, as the victim’s relative, cannot be deemed as having any special circumstance to satise the Defendant’s false statement for the Defendant; (iv) the victim made a statement consistent with the Defendant’s statement; (v) while entering an investigative agency and the lower court stated that the Defendant was forced to be towed and resisted by the Defendant during the process of entering the instant telecom, the passage of entering the telecom, the entrance and the location

참조판례

-대법원 2006. 2. 24. 선고 2005도4737 판결

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