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(영문) 서울고등법원 2021.03.25 2020노1817
강간등
Text

The defendant's appeal is dismissed.

Reasons

The defendant, who is guilty of the summary of the grounds for appeal (in relation to rape), committed a sexual intercourse again under an agreement with the victim after the primary sexual relationship through sexual traffic, and did not assault the victim and rape.

The judgment of the court below which found the victim guilty of this part of the facts charged on the sole basis of the victim's statement in the absence of inconsistency and consistency with the contents thereof.

The punishment of the lower court (two years and six months, etc.) which is unfair in sentencing is too unreasonable.

Judgment

As to the assertion of mistake of facts, the lower court rejected the Defendant’s assertion to the same purport as the grounds for appeal, taking into account the following circumstances, and found the victim’s statement consistent with the facts charged guilty of this part of the charges.

A) The victim consistently made a relatively consistent statement about the Defendant’s assault, etc., and the content thereof is specific and contradictory to the degree that it is difficult to make a statement without actual experience.

However, even though the victim made a false statement about the primary sexual relationship through sexual traffic but changed the statement, there is a motive to accept the change of the statement, considering that the victim made a false statement due to the fear of being punished for sexual traffic.

B) The victim reported 112 to the effect that “the victim was tensiond upon the condition” immediately after the start from the telecom, and the victim did not seem to have any circumstance or motive to injure the Defendant by taking charge of the risk of punishment and undermining the Defendant.

C) The Defendant got the victim’s sexual intercourse with the victim’s permission by requesting more defective once without a red sea.

The argument is asserted.

However, the injured person's sound, and the accused rejected it in full, and the injured person's fingers and plucks, and the injured person's fingers and sounds are plucked.

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