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The prosecutor's appeal is dismissed.
Reasons
1. According to the result of the appraisal by the National Scientific Investigation Agency and the statement of the victim, etc. by the victim, the victim's panty detection was discovered in the face fluorial fluoral of the victim's womb, the victim's panty detection was found. The defendant has sexual intercourse with the victim at the time of the instant case.
However, the lower court erred by misapprehending the facts charged, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. In full view of the following circumstances acknowledged by the record, the lower court determined that the evidence submitted by the prosecutor alone proves that the Defendant has sexual intercourse with the victim taken place by the prosecutor without reasonable doubt.
The lower court acquitted the Defendant of the instant facts charged on the ground that it was insufficient to view it.
① The victim made a statement as stated in the facts charged at an investigative agency and the court of the court below, and the summary of the statement was as follows: “I am unable to breath abreath and abrupt a part of the Defendant’s body.”
The bottom part of the defendant had been raped by the defendant due to extremely inconvenience.
I think.
In response to the defendant, 20,000 won was received from the defendant by demanding ex post facto contract costs.
Since then, the male-friendly Gu visited the police, and the male-friendly Gu reported to the police.
“.....”
There is no memory about the sexual relationship itself, but it is predicted that the sexual relationship had existed in the situation at the time.
② All of the victim’s “samping of the outer part” and “quality content” were detected by a fixed voice response and DNA sentence of the victim, and the victim’s dA punishment was detected in the “samping of the scambling of the scambris” and DNA punishment was detected in the “scambing of the scambris.”
As such, the outer part of a woman's reproductive organ (e.g., the outer part) shows a fixed voice reaction and the inner part of the woman's reproductive organ (i.e., the inner part) after the sex relationship.