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(영문) 대구고등법원 2012.11.08 2012노428

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the following circumstances, in relation to the crime of paragraph (1) of the judgment of the court below, the victim D (hereinafter only referred to as the "victim"), witness E (hereinafter referred to as the "victim"), the investigation agency of the victim's father F, and the statement at the court of the court of the court below are insufficient in its credibility.

1) The victim's statement was made in an investigative agency: ① "At the time when he/she gets off his/her house and her clothes with his/her own room" (No. 18 pages of the investigation record) and, contrary to this, he/she stated that "at the time he/she too play off his/her clothes at the time" (No. 21 pages of the investigation record); ② "at the time he/she follows his/her own seat, he/she was fright in his/her clothes, and his/her chest was taken off (no. 18 pages of the investigation record)" and on the contrary, he/she made a statement that "at the time he/she made a statement that "at the time he/she made a statement that he/she was 6,000,000, 16,000, 2,0000, 2,0000, 2,000, 1,0000, 2,000, 1,000, 1,000.