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(영문) 대구고등법원 2016.10.27 2016노353

강간등

Text

The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the defendant’s case and the part of the case for which the request to attach an attachment order was filed. Accordingly, there is no benefit of appeal regarding the part for which the request to attach an attachment order was filed.

Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the part of the judgment below regarding the application for attachment order among the judgment below is excluded from the scope of the judgment of this court, and thus, it is limited to the part of the judgment below

2. Summary of grounds for appeal;

A. The Defendant was aware of the fact that the victim, who had a relationship with a misunderstanding of facts, committed an assault and assault against the victim, by taking advantage of the victim’s promise and working at a entertainment establishment. However, the Defendant did not commit a crime of confinement of the victim and rape.

The victim was faced with the defendant, and he was seeed in the clothes because he did not attend the house and wanted to be together with the defendant, and especially because family members were gathered in the victim's house to be blick in order to do so, he could not leave the house in that state.

The Defendant, together with the victim, had sexual intercourse several times under the agreement with the victim, and the victim demanded the sexual intercourse first, and the victim was living in the victim, but the Defendant had sexual intercourse in order to alleviate the birth of the victim.

The victim, along with the Defendant, could request assistance at any time since he/she was in contact with his/her family and relatives freely, and the Defendant did not escape while she scam in a pharmacy near V or living in the market, and the victim cannot be deemed as a psychological decline even in light of the N messages that he/she exchanged with her natives.