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(영문) 대전고등법원 (청주) 2017.02.16 2016노197
준강간
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor of the summary of the grounds for appeal (misunderstanding of facts), the facts charged against the defendant is sufficiently recognized.

2. Determination:

A. The lower court’s determination: (1) whether the Defendant did not engage in sexual intercourse or indecent conduct against the will of the female from a person who was broken at the time when the Defendant was at the time.

6) The court below stated to the effect that “the victim did not see the victim’s clothes when she was locked,” and that “the victim did not see himself/herself at the time when she was under the jurisdiction of the police.” The victim stated to the effect that she did not see himself/herself at all during the time she was out of the victim’s clothes (see, e.g., Supreme Court Decision 119, 122, 123 of the trial record).” (3) The victim stated in the court of the court below that “the victim’s will and panty were in the ward” (see, e.g., Supreme Court Decision 124, 125 of the trial record) at the time of the victim’s panty, the victim was under the jurisdiction of the court of the court below that she was under the care of the victim, but the victim was under the control of the toilet at the time when she was under the jurisdiction of the court of the court below (see, e.g., Supreme Court Decision 2001Du3).

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