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(영문) 대전고등법원 (청주) 2016.08.11 2016노14
강간등
Text

The judgment below

The part of the crime of Nos. 1, 2, 3 and 4-A, b, c, and d in the judgment shall be reversed.

Nos. 1 and 1 of the judgment of the defendant.

Reasons

1. Summary of grounds for appeal;

A. Fact misunderstanding 1) The Defendant’s forced indecent act against the victim E is merely an indecent act in the course of a dispute with the victim, and it cannot be deemed that the Defendant committed an indecent act as an indecent act in the course of a dispute with the victim.

2) In the case of rape with the victim F, forced indecent acts, and habitual indecent acts committed on the part of each rape and forced indecent acts, the Defendant did not have sexual intercourse with the victim F, or forced sexual intercourse with the victim F, only by force, with the consent of the victim F.

B) In the case of habitual injury, the Defendant was even able to kill the father of the victim, such as the victim, but did not assault the victim as described in this part of the facts charged.

3) In the case of forced indecent conduct against the victim G and H, rape with the victim G, and attempted rape, the Defendant did not have sexual intercourse or her chest by force with the victim’s consent in the case of forced indecent conduct, rape, or attempted rape with respect to the victim G.

B) In the case of coercionful indecent act against the victim H, the Defendant did not have any fact that the victim’s chest was her chest.

4) In cases of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against the Victim J on October 19, 2014 (Aggravated Punishment, etc. of Specific Crimes) and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against the victim J on October 19, 2014, the defendant merely requested the victim to prepare a written statement based on the victim's statement, and did not assault or detain the victim with a view to having the victim make a false statement or give testimony.

B) On October 21, 2014, in the case of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the “Aggravated Punishment, etc.”) committed an assault against the victim on the said date, but there is no fact that the victim detained him/her for the purpose of causing the victim to make a false statement or testimony.

C) In the case of the injury caused by confinement, the fact that the defendant assaultsed the victim, but the victim.

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