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(영문) 부산고등법원 (창원) 2014.09.03 2014노65

성폭력범죄의처벌등에관한특례법위반(강간등상해)등

Text

The judgment below

Among the convictions and innocences, the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape and Injury) shall be applied.

Reasons

1. Summary of grounds for appeal;

A. In relation to the fact of misunderstanding of facts (as to the acquittal portion), ① on September 15, 2013, the victim stated that he had been raped after 2 hours in the police, and the prosecution and the court below stated that she had been raped immediately after she was assaulted. However, it is difficult to conclude the consistency of the victim’s statement in the charges of rape since the victim stated that she had been raped after she was raped in the police, and that she did not have any consistency in the prosecution’s statement since she did not have any consistency in the facts of rape, the court below stated that she continued to make it difficult to readily conclude that she had been raped after she was raped in the police room. However, it is difficult to conclude that the victim’s statement had no consistency in the police station’s statement since she made her statement to the effect that she had been raped twice before and after she was raped, and that she had no consistency in the police room’s statement in view of the following facts: < Amended by Act No. 3. she had no consistency in the victim’s statement by Presidential Decree No.