[강간치상피고사건][하집1986(2),381]
Cases of denying the belief that the statements of the victim of the rape case are inconsistent before and after the childbirth;
In the event that the victim of the rape case, who had been raped, had the victim immediately induced the defendant and had the police box having jurisdiction over his/her place of residence reported damage, the victim’s statement that the victim was raped in a state where he/she was unable to resist due to the Defendant’s assault and intimidation, is difficult to believe that the victim’s statement that the victim was raped is contradictory before and after, in light of the various circumstances up to the scene of the crime, etc.
Article 301 of the Criminal Act, Article 308 of the Criminal Procedure Act
Defendant
Prosecutor
Daegu District Court (84 High Court Decision 798) in the first instance
The appeal is dismissed.
The gist of the prosecutor's grounds for appeal is that the victim non-indicted 1 of this case stated that he was rape and was injured by the defendant from the police to the court of original trial after the police, and in addition, in light of the circumstances before and after the crime of this case as shown in the record, although the above victim's statement is sufficiently reliable, the court below's finding the defendant not guilty of the facts contrary to the rules of evidence is erroneous in the misapprehension of the rules of evidence.
Therefore, even though the police did not have sexual intercourse with the above victim's consent until the court of first instance, the defendant denied the fact that he did not have sexual intercourse with the victim's consent, by assaulting and threatening the victim to resist, and by not having raped the victim. According to the records, the defendant's statements are consistent with the facts charged in this case and are stated in the prosecutor's office of the victim non-indicted 1's non-indicted 2 and 3, each of the statements to the court below's prosecutor's office until the police of the victim non-indicted 2 and 3, the protocol of verification of the preparation of the judicial police assistant, the statement of the doctor non-indicted 4's injury diagnosis, and the written opinion of non-indicted 5's doctor non-indicted 5, but the above female's employees' statements were nothing more than the victim's face before the crime was committed, and they were found to have sexual intercourse with the victim's statement after the crime was committed, and the defendant's sexual intercourse with the victim's statement or the victim's statement made by the court below.
A summary of the above statements made by the victim is that it is difficult for the victim to take advantage of the victim's 21th day of this case to take advantage of the victim's oral statement and to take advantage of the victim's oral statement, and it is difficult for the victim to take advantage of the victim's oral statement before and after the victim's oral statement, and it is difficult for the defendant to take advantage of the victim's oral statement to take advantage of the victim's oral statement, and it is difficult for the victim to take advantage of the victim's oral statement to take advantage of the victim's oral statement, and it is difficult for the defendant to take advantage of the victim's oral statement to take advantage of the victim's oral statement, and it is difficult for the victim to take advantage of the victim's oral statement to take advantage of the victim's oral statement, and it is difficult for the defendant to take advantage of the victim's oral statement to take advantage of the victim's oral statement, and it is impossible for the defendant to take advantage of the victim's oral statement.
Therefore, since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
Judges Song Jin-hun (Presiding Judge)