beta
(영문) 부산고등법원 2014.02.06 2013노538

강간등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

80 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant had sexual intercourse with the victim under an agreement with the victim, the statement made by the victim, who corresponds to the rape part of the facts charged in the instant case, is not reliable. Moreover, the Defendant did not have exercised the power to resist the victim in the course of sexual intercourse or to make it considerably difficult for him/her to resist.

B. As the Defendant consented to quasi-rape in a state that the victim did not locked, the victim’s statement that corresponds to the part concerning quasi-rape among the facts charged in the instant case is not reliable.

2. Determination

A. Determination as to the assertion of rape 1) Fully considering the evidence duly adopted and examined by the court below as to whether the victim E’s statement has credibility or not, and the facts or circumstances in the judgment of the court below acknowledged thereby, this part of the defendant’s assertion is without merit. 2) The facts and circumstances acknowledged by the above evidence as to whether the victim’s statement was assault or threatened with the crime of rape, i.e., the defendant living in the above apartment parking lot of Ulsannam-gu 102 Dong 111 on May 2012, she reported the victim’s cell phone number on the contact number attached to the victim’s front door 103 Dong 601 on the apartment parking lot of Ulsan-gu 103 Dong 601 on the victim’s cell phone and stored the victim’s cell phone number on the victim’s cell phone, and the victim’s statement was parked one time at a restaurant around June 25, 2012, and the defendant forced the victim to live in the apartment lot of this case and refused it.