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(영문) 서울고등법원 (춘천) 2018.01.31 2017노60

강간

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by agreement with the victim, has sexual intercourse with the victim, and did not rape the victim as stated in the facts charged.

B. The sentence of the lower court (three years of imprisonment) against an unjust defendant is too unreasonable.

2. Determination

A. 1) According to the evidence duly admitted and examined by the lower court on January 17, 2016, according to the victim’s assertion of misunderstanding of facts: (i) the victim was sexual intercourse with the Defendant in the Defendant’s residence on January 17, 2016; and (ii) on January 18, 2016, when the victim took place at around 00-01, 201, the victim called the Defendant E with her her her her her her her her her her her her her her her her her her her her her her her her her her her hers her

In addition, he/she was forced to drink in his/her native house, and he/she did not refuse to do so by forced to do so.

Even though it was clearly stated, it continued to kis, has a long run in hand, and forced to have a sexual relationship.

(2) The victims of the defect that E directly reports to the police station shall be free to the victim.

It may be difficult to take retaliation against the same school as a school.

“...........” and this E will substitute for a report.

3. On January 18, 2016, a witness who was investigated by the witness was prepared and submitted a written complaint to the Defendant at the new police station on the new wall on January 18, 2016, and “I wish to sit and drink on the Defendant’s house, but I want to sit on the house. I do not say that I want to see the Defendant’s own control, knife the knife and put the knife on the knife and knife the knife on the knife and knife the knife and knife the knife on the knife by knife.

“The clothes” were bleeped.

In addition, the defendant continued to put his hand into the chest and forced him to display his kn's kn's kn's kn's kn's kn's kn't.