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(영문) 서울고등법원 2018.07.12 2017노2699
강간등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the defendant's act of rapeing N, inserting N's sexual organ inside N's mouth into N's sexual organ, and sufficiently recognizing the fact that the defendant committed an indecent act by force four times in M., the court below acquitted all of the charges of this case, which is erroneous in the misapprehension of facts.

2. Determination

A. The summary of this part of the facts charged is the actual owner of the Jongno-gu Seoul Metropolitanro L Building, and M (M (M, 37 years of age) is the lessee who leased the 7th floor of the above building from the Defendant on April 4, 2016, and N (M, 64 years of age) was the mother of M, and the Defendant was aware of the fact that M (M, f4 years of age) tried to build an indoor decoration by leasing the above building.

A) At around 22:00 on May 8, 2016, the Defendant made a telephone call with N in the 2nd floor of the above LA building at the 2nd floor office of the said LA building, and there is a need to urgently discuss the problem of “stero-condition failure and themeology.”

In addition, it is necessary to discuss the construction cost rapidly because there are many problems in the construction cost when the Switzerland removal works in the previous O.

At the latest, she shall be placed in the office

The phrase “N had induced the N to the above office, and the N had locked the N’s shoulder and necked by the two hand, and N was “dysia”.

E. L. L. L. L. is not an object.

B. N without permission, “I will am late and late. I have gone to the past me, and have fled or go to the past her, and if I do not go to her if I want to do so.”

Therefore, it means that he has been laid off his clothes, and she has laid off N's winter to cover the bottom of the bed, has been laid off on the bed, has a left part of N's off with the left hand, has n's panty and straw, has been laid off with the n's panty and straw, has been laid off with the n's drinking part with the n's hand, and has n's finger laid off with the n's upper part.

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