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(영문) 대구고등법원 2014.01.08 2013노357
강도상해등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for ten years.

The right of only 10,00 won seized.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the respondent for the attachment order (1) are the defendants and the respondent for the attachment order (hereinafter “defendants”).

(2) As stated in the judgment below, the court below erred in finding guilty of all of the statements of each victims with no credibility and evidence without some probability, even though the court below did not err in finding any injury in the process of rapeing the victim E as stated in Articles 2 and 3 of the facts constituting the crime in the judgment below, and tried to rape the victim E as stated in paragraph (4). Since the court below erred in the misapprehension of law affecting the conclusion of the judgment above, the judgment below should be reversed. 2) The sentence of unfair sentencing (12 years of imprisonment) of the court below is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. Part 1 of the defendant's case concerning the defendant's assertion of misunderstanding of facts or misapprehension of legal principles) The court below and the court below also asserted the same purport as to this part of the crime. The court below found that the result of genetic testing through DNA analysis, which is a scientific evidence method, is highly reliable as long as it is recognized that the appraiser with professional knowledge and experience applied the standard method of appraisal data properly preserved and that the analysis of the result was conducted properly, and that the method of scientific evidence is so extremely powerful to the extent that it is proven that the fact based on such premise is true, and that it is proved that there is no possibility of any error, or that there is little binding force in the judge's fact finding (see, e.g., Supreme Court Decision 2007Do588, Sept. 20, 2007).

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