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(영문) 광주고등법원 (제주) 2016.07.06 2016노16

강간상해

Text

The defendant's appeal is dismissed.

Reasons

1. The statement of the victim on the summary of the grounds for appeal is not reliable, and the defendant has sexual intercourse with the victim under the agreement with the victim.

2. In light of the following circumstances acknowledged by the evidence duly admitted and examined by the court below, the part of the situation before the defendant and the victim's house were faced with the victim's house and the victim's assault within the victim's house among the victim's statements is not consistent or consistent with the objective facts at the time of the statement, but the defendant's act of rape within the victim's house can be sufficiently found guilty. Thus, the defendant's appeal is without merit.

A. According to the victim’s photograph taken immediately after the instant crime, the face is serious on the left side of the victim’s eye, and according to the photograph taken by the victim during his/her hospitalization (the page 196 pages of the investigation record), it is confirmed that the victim shows a hole on the left side of the victim’s eye and the front part of the body and the face of the victim as a whole.

In addition, according to one diagnosis document, the victim's crime of this case can be acknowledged that the victim suffered bodily injury, such as blood transfusion, eye, eye, and eye, and tissue saliva inception by blocking the two-time treatment for about three weeks, face saliva, brain salva, etc. requiring two-time treatment.

According to the above facts, the defendant's face at the time of the crime of this case can be inferred that the victim's face was tried several times and that the victim's neck was significantly different, and such defendant's assault seems to have been an assault to the extent that it was impossible to resist the victim's resistance.

B. As to the above reasons of the assault, the Defendant kisk on the victim’s kis, and the Defendant also kisk on the victim’s kis, and the victim kisk kis on the victim’s kis, and kisk kis off the victim’