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(영문) 대구고등법원 2017.11.09 2017노378
강간
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the victim appeared at the investigative agency three times to make a specific and consistent statement from the defendant about the injury inflicted on the rape of this case; and (b) the

However, there is no motive for the victim to demand a sexual relationship with the defendant who is an old relative, and there is no motive to believe that the victim has been raped by the investigative agency at the court of original instance. However, the victim reversed the statement made by the investigative agency at the court of original instance, which was made after the agreement, but there is a high possibility of being contaminated by the defendant's return to the investigative agency, and thus, it is not consistent with the investigation agency as to the place, date, time, and circumstances before and after the crime. Thus, the court below's legal statement alone cannot dismiss the credibility of the victim's statement made by the investigative agency,

Nevertheless, the court below rejected the credibility of statements made by the victim in the investigative agency and rendered a not-guilty verdict on all the charges of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

Judgment

On April 2015, the summary of the facts charged is as follows: (a) around 12:00 as of April 2015, the Defendant committed the crime: (b) Da Da Da Da to the victim D (hereinafter 60 years of age, her name) who worked as a farmer at around 12:0, the Defendant was carrying the Defendant’s E truck owned by the Defendant (hereinafter referred to as “Defendant’s truck”) who was parked adjacent to the Defendant by strongly drawing the arms of the victim with the 5 degree of large-scale disability; (c) after the Defendant laid the body of the victim back to the body of the victim so that the other victim might not get out of the body of the victim; and (d) at the time of the victim’s her neck with his hand, the victim’s neck “at the victim’s hand, with the victim’s death, if the victim died of another person”, and then the victim’s body shall be forced to kill the victim.

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