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(영문) 대구고등법원 2017.07.13 2017노6
준강간
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal is as follows: (a) the victim was living together with the Defendant and entered the telecom, and even in the telecom, he did not make any objection against the Defendant even after the sex relationship with the Defendant; and (b) the Defendant and the victim have sexual intercourse with the Defendant by administering it together with the telecom for about four years, etc., the victim implicitly consented to the sex relationship with the Defendant as stated in the facts charged in the instant case.

Nevertheless, the lower court found the Defendant guilty of the charge of quasi-rape of this case on the grounds of the statements made by the victims not reliable. In so doing, the lower court erred by misapprehending the legal doctrine or adversely affecting the conclusion of the judgment.

Judgment

The judgment of the court below also dealt with the same purport as alleged in the grounds of appeal. The court below reasoned that the defendant and the victim were not related to the defendant at the time of the crime of this case, namely, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below. ② According to CCTV images taken at the time of the crime of this case with the defendant, the victim appears to have been under the influence of alcohol that "it is not possible to exercise the normal response and coordination ability and judgment ability with respect to his sexual act"; ③ If the victim gave implied consent to sexual relation as alleged by the defendant, it is difficult to explain the victim's attitude and statement requesting investigation to the police on the next day, and the victim's expression that the victim was in contact with the male her mother can be avoided a dispute with the male her mother while the victim could not make a decision on the situation and decision under the influence of alcohol. ④ In addition, the victim returned to the victim's behaviors before and after the crime of this case, the circumstances leading up to the occurrence of this case, and the process after the occurrence of this case.

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