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(영문) 서울고등법원 2015.09.18 2015노829

강간치상

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The defendant only has sexual intercourse one time under the agreement with the victim, and there is no other fact that he has sexual intercourse with the victim by committing violence against or coercing the victim.

Unlike the above, there are many contradictory points in the victim’s statement consistent with the facts charged in the instant case, and there is a circumstance that cannot be seen significantly due to the conduct of rape victims, and it is not consistent with the results of the inquiry into the first hospital by the court of the lower court, and thus it is not reliable. However, the lower court found the Defendant guilty of rape among the facts charged in the instant case. Accordingly, it erred by misapprehending the legal principles.

Judgment

The defendant asserted the same purport as the grounds for appeal at the court below, and the court below rejected the defendant's argument in detail under the title "the judgment on the defendant's and his defense counsel's assertion" in the judgment.

In full view of the following circumstances acknowledged by the court below and the court of first instance by duly admitted and investigated evidence, the victim’s statement that corresponds to the rape among the facts charged in this case can be sufficiently reliable. As seen earlier, the court below rejected the Defendant’s assertion and found the Defendant guilty of this part of the facts charged, and there is no error of law by mistake of facts as pointed out by the Defendant.

Therefore, the defendant's ground of appeal is without merit.

At around 06:50 on November 17, 2013, the victim, from the investigative agency to the court of the court below and the court of the court of the trial, 'the victim has been placed in the victim's residence and opened the entrance and opened the entrance from the victim's back to the auxiliary key, and tightly divided the victim into a twit lease where the victim was sealed, so as not to open the victim, so as to prevent the victim from leaving the room, and then off the victim's panty and panty, and put the finger into the part of the victim's drinking part.