(영문) 광주고등법원 2015.10.15 2015노294 | 리걸엔진

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(영문) 광주고등법원 2015.10.15 2015노294

강간치상

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant, while having sexual intercourse with the victim at the time and place specified in the facts charged, did not have any assault by using the victim's boom, and booming the body of the victim, and there was sexual intercourse under the agreement with the victim. However, it is acknowledged that the Defendant raped the victim as stated in the facts charged, in full view of the credibility of the victim's statements and all the evidence.

Nevertheless, the lower court acquitted the Defendant on the grounds that the victim’s statement lacks credibility and the other evidence submitted by the prosecutor alone are insufficient to deem the facts charged of the instant case to have been proven without reasonable doubt.

Therefore, the judgment of the court below is erroneous in affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged was around 02:30 on April 5, 2014, the Defendant: (a) tried to engage in sexual intercourse with the victim F (22 years of age, and inn) who had drinking at the same time, knowing that the victim F (22 years of age, and (b) was in his/her side, and tried to engage in sexual intercourse with him/her; (c) the victim was able to go in his/her home with his/her hand, and the victim was frighted to go in his/her body; (d) boomed the victim’s body so that he/she could not get out of his/her body; and (e) she could not get out of his/her body; and (e) raped the victim by committing sexual intercourse once after suppressing the victim’s resistance; and (e) sustained the victim’s injury, such as the number of days of treatment in the course of the sexual intercourse.

B. The judgment of the court below 1 is based on the victim's statement as direct evidence that corresponds to the fact that the defendant committed an assault to rape among the facts charged of this case, but considering the following circumstances acknowledged by the record, it is difficult to believe the victim's statement as it is because it violates the common sense or lacks consistency in important parts.

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