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(영문) 대구고등법원 2020.11.26 2020노285
준강간등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (based on factual errors and misapprehension of the legal principles) has not committed the following crimes among the crimes in the judgment below.

The court below which found the defendant guilty is erroneous in misunderstanding of facts and misunderstanding of legal principles as follows.

In light of the circumstances, etc. of the crime No. 1 of the judgment below’s violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Cameras) at the time of photographing the motion picture, the victim did not raise any objection despite being aware of the Defendant’s motion picture. Therefore, it shall be deemed

B. In light of the fact that the victim did not request the help of the victim at the time of the fact-finding of the crime No. 2 of the lower judgment’s crime, the Defendant and the next day after Skin, and the remaining in the same bed, the victim’s statement should be viewed as Skin’s naturally formed under the agreement on the ground that there is no credibility.

C. The victim’s statement to the effect that each of the facts constituting the crime of the lower judgment stated in the lower judgment was not reliable and, in light of the circumstances at the time of the sexual intercourse or the attitude of the victim immediately after the sexual intercourse, the victim’s statement should be deemed as having been made under mutual agreement.

Since the victim committed a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) in the judgment of the court below, the victim promised to produce the video to suppress the work during the trip between the defendant and the port of port, there was a comprehensive prior consent of the victim to the video photographing, and the victim received the video editing version containing the video, there was an ex post consent.

E. The facts of the crime Nos. 6, 7 of the judgment below revealed the fact that K, L, M, andO already heard the contents of the case from the victim and knew the facts, and N are the victims.

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