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(영문) 서울고등법원 2014.10.30 2014노824

성폭력범죄의처벌등에관한특례법위반(강간등치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the part of the case of this case, the victim's statement is consistent, specific, and the victim's credibility of the victim's statement can be acknowledged in light of the fact that the victim's statement is consistent, specific, and there is no reason to believe the defendant, among the facts charged of this case, the part of the charge of this case is erroneous in the misapprehension of facts which affected the conclusion of the judgment, and the judgment of the court below which acquitted the defendant of this part of the charges.

B. It is unreasonable for the lower court to dismiss the Defendant’s request for the attachment order of this case even if the part of the case claiming the attachment order is found guilty of this part of the facts charged and the Defendant’s risk

2. Determination on the part of the defendant's case

A. The summary of this part of the facts charged is the Defendant from around 2003 to a person who is in a de facto marital relationship with the victim E (V, 32 years of age) F.

1) The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Relatives), had previously consulted the victim about the issue of male-parent body in the telecom, and had the victim talked about the matter of sexual intercourse in the telecom.

On December 31, 2012, the Defendant: (a) around 24:00, the Defendant: (b) called “H” health clubs located in G and sent back to the victim after completing a work in front of the “H” health clubs in G; and (c) went back to the victim’s room in the Jmotour room located in I in Ansan City for another car.

The Defendant, around January 1, 2013, attempted to have a sexual intercourse with the victim at the above Jmode room, but the victim was kneeing with knee and refused to do so, and the Defendant did not resist the victim’s right-hand knee and knee at the house.

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