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(영문) 대전고등법원 (청주) 2019.10.17 2019노91
유사강간치상등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles, the court below found the credibility of the victim’s statement based on the misunderstanding of the Defendant’s Y-STR DNA type was detected in the quality amount of the victim’s request for appraisal by the National Scientific Investigation Agency. However, according to the above appraisal request table, the victim’s nA type was not detected in the victim’s quality and the Defendant’s hacks, and the Defendant’s hacks were not detected in the victim’s hacks. This is a situation inconsistent with the victim’s statement. In addition, the victim stated that “the victim’s hacks were hacks of a long time” at the time of his hacks, but the victim’s hacks were not damaged. The victim was unable to properly memory the situation at the time of resistance against the Defendant, and the victim was aware of the situation immediately after hacks the police without reporting it, and the court below found the Defendant guilty of unjust sentencing by misunderstanding the victim’s testimony or misunderstanding of the facts.

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

2. Determination

A. The lower court also asserted that the Defendant’s assertion of mistake of facts or misapprehension of legal doctrine is similar to the grounds for appeal in this part, and the lower court, in light of the following circumstances, determined that the victim’s statement that corresponds to the facts charged in the instant case may be trusted, and that the evidence of the lower court, including the victim’s statement, may be found guilty of the facts charged in the instant case.

1. The victim is the victim.

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