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(영문) 대전고등법원 2013.08.21 2012노560
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds of appeal, the court below found the Defendant not guilty of each of the facts charged in this case, and erred by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. As to the indecent act by compulsion, rape, attempted rape, or bodily injury resulting from rape

A. The summary of the facts charged is the Defendant from February 11, 2010 to the present point of view, who is working as the chief of the DNA fishing village fraternity in Chungcheongnam-gun, Chungcheongnam-do.

E, as the husband of F (n, 46 years of age) from the beginning of February 2003 to the end of December 2009, E, while serving as the executive secretary of D fishing village fraternity, from October 18, 2004 to December 13, 2004, had the members of G fishing village fraternity take 500 to 600 tons of D fishing village fraternity, thereby incurring property damage equivalent to 6 to 70 million won of D fishing village fraternity.

As a result, D fishing village fraternity was under the lead of the defendant, who is the chief of the fraternity, involved in the deprivation of the qualification of the members of fishing village fraternity and the liability for damages of the complainant, and pressured by filing a civil or criminal lawsuit against the complainant's husband.

The Defendant, who was in charge of the general assembly, etc. as the head of a fishing village fraternity, found the complainant who was mixed in his house using the weak points such as the expulsion of the members of the fishing village fraternity and the liability for damages of the husband, or induced the complainant to commit an indecent act or rape in and around the Seosan City.

1) On January 18, 201, to 11:00 on January 20, 201, the Defendant: (a) within a rest room in front of the entrance of the complainant H in Chungcheongnam-gun, Chungcheongnam-gun; (b) the husband, who was the complainant, was working in a D fishing ground by his husband, in order to have the complainant forcedly commit an indecent act; and (c) “I am knife knife knife knife knife knife knife knife knife knife knife knife knife knif.”

If so, the Doz. Doz.

If N.V. well speaks in the horses, N.N. may not be punished, and if punished.

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