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(영문) 광주고등법원 2016.01.07 2015노454
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts);

A. The injured party G (hereinafter “victim”) consistently states the injured party G (hereinafter “victim”)’s statement that is credibility.

B. The Defendant’s family member cannot believe each of the Defendant’s family members’ statements on the grounds that he/she is suspected to have impliedly or disturbed the Defendant’s crime of this case, and thus, it does not deny the credibility of the Defendant’s statement.

(c)

In the victim, the defendant was the object of fear, so the defendant was the normal relationship between the victim and the victim.

subsection (b) of this section.

(d)

Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Determination:

A. The summary of the facts charged is as follows: (a) the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (rape-rape) on June 21, 2014; (b) on June 21, 2014, at the Defendant’s house located in the Southern Gun F, the Defendant, at the Defendant’s house located in the Southern Gun F, has sexual intercourse with the victim, who was a child or juvenile under the influence of alcohol by reporting that a person who was victimized by sexual intercourse with his/her her her her her her her her her own her own her own frisome, enters the her her fri

2) 아동 ㆍ 청소년 의성보호에 관한 법률위반( 강 간) 가) 피고인은 2014. 6. 25. 00:30 피고 인의 집에서 피해자에게 “ 너 죽여 버려, 지금 안 오면 집으로 찾아가 깽판 쳐 버린다.

“If the victim does not hear his/her speech, as stated in the foregoing paragraph 1, he/she threatened the victim’s family members with sexual intercourse as if he/she were informed of the victim’s sexual intercourse as stated in the foregoing paragraph 1, and forced the victim to go off his/her clothes of the victim who is difficult to resist due to external capture, and forced sexual intercourse once, thereby rapeing the victim as a child or juvenile.

B) On July 5, 2014, the Defendant is the Defendant for a long time within the influence in Busan metropolitan Daegu.

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