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(영문) 서울고등법원 2016.11.17 2016노2391

강간

Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence presented by the prosecutor in the summary of the grounds for appeal, the court below found the defendant guilty of rape by assault, but the court below found the defendant not guilty of the facts charged in this case. The court below erred in the misapprehension of facts.

2. Determination

A. On August 20, 2015, the summary of the facts charged in the instant case: (a) around August 20, 2015, the Defendant appeared together with (i) friend and friend in the “D” alcohol house located in Bupyeong-gu Incheon Metropolitan City, and (ii) friend and friend.

After that, the defendant et al. came from the drinking house around August 21, 2015, the defendant et al. started from the drinking house around 07:20 on August 21, 2015, and the defendant came to work as Gelf in Bupyeong-gu Incheon.

The Defendant went to the above 302 toilets after going to the above 302 room.

It has been divided above the body that is to take place after putting the shoulder on the bed by being pushed off by hand even though "to go on the bed".

In addition, the Defendant, who was off of his portrait and her clothes, flaged the Defendant, flaged the Defendant, flaged him, and obstructed him by hand despite his diameter, and continued to be off his will and clothes with his hands, and raped once by inserting his sexual organ into his sound part.

B. The lower court found the Defendant not guilty of the instant facts charged on the ground that the evidence alone presented by the prosecutor alone is insufficient to deem that the Defendant raped by assault was proven beyond a reasonable doubt, and that there is no other evidence to prove otherwise.

1. "A investigative agency intends to go to the mixed house around the date and time stated in the facts charged. The defendant led the her to the telecom, used the her telecom toilet, and intending to go to the house.