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(영문) 서울고등법원 2017.12.14 2017노2608
강간
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the defendant continues to send the victim a message;

It includes a threat of harm and injury on the behavior itself demanding a sexual relationship after the victim's sexual intercourse against the will of the victim.

The victim had already been exposed to intimidation against the defendant for a considerable period of time.

As long as the defendant holds a photograph of the victim's body, the victim did not go out of the appearance and attempted suicide even after the crime of this case.

The defendant was fully aware that he could not refuse the sexual intercourse against the defendant's will.

In light of these circumstances, the victim's statement has credibility.

According to such statement of the victim, the defendant continues to send the victim the E-mail, etc. for a few hours among the facts charged.

The part of requesting that he/she met himself/herself, and requiring that he/she met with himself/herself be sexual intercourse, and if he/she does not comply with it, he/she act as if he/she spreads his/her body pictures, etc., thereby threatening and threatening the victim to suppress the victim's resistance using his/her external state of victims (hereinafter referred to as "main part of the facts charged"). This is proved.

However, there is an error of law that affected the conclusion of the judgment by misunderstanding the fact that the court below judged that there is no proof of crime.

2. According to the evidence duly adopted and examined by the lower court, the following circumstances are sufficiently acceptable: (a) acknowledged by the lower court’s judgment as “3. Judgment” (Provided, That the lower court’s judgment’s 3 pages, 2, and 1 conduct are excluded).

In addition, the victim D, as a witness in the court of the court below, is to know the fact that he/she is liable to the mother if he/she does not repay money to the defendant before he/she performs the first sexual relationship with the defendant on December 27, 2014.

“At the time when the Defendant made a statement to that effect,” the Defendant’s sexual intercourse.

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