beta
(영문) 서울고등법원 2016.11.15 2016노2578

아동ㆍ청소년의성보호에관한법률위반(강간등)

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The victim made a concrete and consistent statement from the police to the original trial.

Even if the body body of the victim is not small as a female, it is difficult for a female to keep the force of the male, and the victim suffered skiing from the victim at the time.

Even if it is possible to be forced to go off by force, the fact of wearing the body body of a victim or skiing ground does not constitute a reason to reject the credibility of the victim's statement.

The court below rejected the credibility of the victim's statement when sending a text message to the effect that the victim's report was delayed or the victim's report was "a person who did not refuse to report." However, the victim's first thought that the victim did not report at all, but did not report at all, and that the victim reported rape to his/her male-gu, and that it is sufficiently understood in that he/she sent a text message due to the victim's refusal to do so, and that the victim's self-constition was sufficiently understood in that he/she did not do so, and that the victim's sending a text message at the latest, but it is difficult to view that sending the above text message to the extent that the victim rejected the credibility of the victim's statement.

In light of the above facts, the victim's statement is sufficiently reliable, and the facts charged in the instant case are recognized according to the victim's statement, etc., and the judgment of the court below which acquitted the defendant of the facts charged in the instant case is erroneous

Judgment

The lower court rendered a not guilty verdict on the facts charged of this case on the grounds as stated in its reasoning, on the grounds that there was no proof of crime, and the lower court is detailed in the two to eight pages of the judgment, and the following circumstances, i.e., the victim, based on the evidence duly adopted and investigated by the lower court.