(영문) 부산고등법원 2016.07.13 2016노241 | 리걸엔진

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(영문) 부산고등법원 2016.07.13 2016노241

성폭력범죄의처벌등에관한특례법위반(주거침입강간)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had sexual intercourse under the agreement with the victim F

However, in light of the fact that the age difference between the defendant and the victim F was significant, and that the fact that the defendant was sexual intercourse under the agreement was against the empirical rule, etc., the defendant's above assertion is difficult to believe, while the victim F made a concrete statement about the background of damage, and the victim F has credibility in the statement, and considering the victim F's friendship I andO's statements, this part of the facts charged is fully convicted.

B. In light of the fact that there is a violation of the Act on the Punishment, etc. of Sexual Crimes (Rape, etc.) and the victimJ voluntarily responded to an investigation, that there is no motive or circumstance that the police officer voluntarily requested the victimJ to make a false statement, that there is no specific and contradictory part of the victimJ’s statement, the victimJ’s statement was made under particularly reliable circumstances.

Since the victim J's statement statement by the police is admissible in accordance with Article 314 of the Criminal Procedure Act, and considering the remaining evidences submitted by the prosecutor, this part of the facts charged is fully convicted.

2. Determination

A. On April 14, 2015, the summary of this part of the facts charged is as follows: (a) on April 14, 2015, the Defendant lent KRW 10 million to the victim F (the age of 19) who was introduced as having been in need of vision from the Maurel’s room located in Ulsan-gu, Ulsan-gu (hereinafter “the instant Maur”) around 08:00, to the victim F (the age of 19) who was introduced as having been in need of vision; (b) first, the Defendant lent KRW 2 million to the victim, “the rest of eight million” to the victim, “if the victim wishes to be in excess of the rest of eight million, the Mader’s remaining defect at the place of view, and the two ages are different from each other, so that the victimized person was born to the Maur by burning the victim on the vehicle.”

In this place, the remainder of money is claimed.

유사 판례

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