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(영문) 부산고등법원 (창원) 2018.03.28 2017노344
준강간등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is not consistent and inconsistent with the victim's statement, and thus the credibility of the victim's statement is sufficiently recognized.

(1) In addition, when the victim acknowledges that he/she had a impergic relationship with several males in the husband's conduct, he/she suffered rape damage against the single accused.

The circumstances, such as the assertion, ② the victim’s friendship F and the Defendant’s Chok Ja J made a statement consistent with the victim’s statement in the police, ③ the Defendant sent L messages to the victim’s death, ④ the Defendant gave 2 million won to the victim and agreed to give 2 million won to the victim, support the victim’s statement.

Nevertheless, the court below rendered a not-guilty verdict on all the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2. Summary of the facts charged in this case

A. A. On June 28, 2015, the Defendant: (a) at the Defendant’s house located in D at a grace time around 16:00 on June 28, 2015; (b) attached documents to two persons, such as the victim E (the name, the 26-year old age), etc., who sought to find employment as a reflector of the Defendant’s work company; and (c) carried out drinking together with the victim, etc., who was under the influence of alcohol, the victim was able to rape the victim, who was under the influence of alcohol; (d) added the victim’s panty and panty; and (e) inserted the victim’s sexual organ one time into the part of the victim’s sound.

Accordingly, the defendant was raped by taking advantage of the victim's mental or physical loss, or incompetence.

(b) The defendant, as the head of a painting, is the victim of the same year.

7.4. The victim, who started to find employment as a reflector from the seal on his job, was supervised in the course of business, and the victim has a video recording of the victim’s sound records, etc. with his cell phone at the time of committing the crime of the above paragraph (a);

At the same time, the victim was frightened by the victim.

1) On July 5, 2015, the Defendant committed a crime around July 5, 2015 before the Defendant’s house indicated in the foregoing paragraph (a) around 22:00.

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