beta
(영문) 서울고등법원 2014.10.23 2014노1647

강간

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds of appeal is that the court below rejected the victim's statement due to unfair reasons and acquitted the facts charged of this case, since the victim made a consistent statement about the facts damaged and there is no motive to make a false statement, since the victim's statement is highly reliable, the court below erred by misapprehending the facts.

2. Determination

A. The summary of the facts charged is as follows: around 05:30 on August 9, 2013, at the office of the defendant in Jung-gu Seoul, Jung-gu, Seoul, the same month as the preceding day.

8. Along with the victim E (at 31 years of age) at the same night on the same day, he/she was aware of the fact through the mobile phone display of the victim at night, she was able to drink the alcohol at the victim E (at 31 years of age), she was placed on the victim’s body, her hand fright at the victim’s body, her hand fright at the victim’s body, her kis, her fingers, her chests, her fingers with his/her hand, and her panty, and raped with sexual intercourse once.

B. In light of the fact that the victim and the defendant first met on the day of the instant case, the victim reported a crime to the police immediately after the instant case, the victim's arms and immediately reported a crime to the police, the victim's elbs and elbsium, etc. were discovered, etc., the lower court, despite suspicion that the Defendant did not commit the same crime as the facts charged. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the victim's statement was not reliable or limited to probative value, and the evidence submitted by the prosecutor alone used tangible power that the Defendant could not resist the victim.

The court found the defendant not guilty on the ground that it is difficult to view that there was no reasonable doubt that the defendant had a criminal intent to commit rape.

1) The circumstances before committing the crime A) The victim, at around 21:10 that day before the occurrence of the case, knows the defendant who became aware of through the mobile phone display that D at P.M. at P.M. at P.M. at P., at P.S. level.