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(영문) 부산고등법원 2016.03.30 2016노27

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the victim made a concrete and detailed statement in the situation at the time of the crime, and the report was delayed, the victim's attitude after the crime was committed, etc., despite the fact that the defendant could fully recognize the fact of rape as stated in the facts charged, the court below acquitted the defendant of the facts charged in this case, which affected the conclusion of the judgment.

2. The summary of the facts charged in this case is the father and father of the victim D (V, 17 years old).

A. On June 3, 2014, the Defendant: (a) 22:00 on June 3, 2014, when she reported the victim who was suffering from frights in his/her dwelling room E in Ulsan-dong-gu, Ulsan-gu, with a view to rape; and (b) made the victim feel out of his/her inside and outside, and made it difficult for him/her to open his/her door up to his/her old age; and (c) then, (d) kisk ki

“Apatising with the word “Apatising with the word,” and “Apatising only once”

“In spite of the victim’s refusal to do so, the victim does so.

In other words, "NA does not do so here."

(2) No one shall do so unless he/she enters another person's test.

"In the course of intimidation, the victim tried to be exempted from the clothes of the victim, but the victim was unable to resist the victim's hand by hand with a defect of resistance, and the victim was sexual intercourse with the victim on one hand by kneeing the victim's lower and panty up to knee, and sexual intercourse with the victim.

B. At around 21:30 on a day after four days from the date of the crime under the above paragraph (a), the Defendant her mind to rape by reporting the victim who was married in his own dwelling place, causing the victim’s desire to commit rape. The Defendant her hand, her hand, her hand, her hand, her hand, her head, her body, her body, her body, and then her body, and then her head, her inner part, with his/her inner part, her inner part, her inner part, and then the Defendant her head was sleeped in front and rear.