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(영문) 부산고등법원 2013.09.11 2013노30
재물손괴등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) The victim I made a clear statement in the court below that “the defendant has knifely knife and knife it by threatening it,” and the defendant and the person who requested the attachment order (hereinafter “the defendant”) against the victim I, clearly stated that “the victim I violated the Punishment of Violence, etc. Act (collective, deadly weapons

(2) The court below rejected the credibility of the victim's statement on the ground that the victim did not escape before the victim was forced to make indecent acts by compulsion, each official attack against the victim H, each violation of the Punishment of Violence Act (collectively weapons, etc.), each rape, and each violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes) led the investigative agency and the court below to respond to sexual intercourse inevitably by threatening the defendant to inform her husband of the relationship with her husband at the court below. The defendant's continued intimidation is not leading up to intimidation, and the situation at the time of each injury and the contents of the damage are described specifically and factually. The court below rejected the victim's statement on the ground that the victim did not escape before the victim was forced to make indecent acts by compulsion, as stated in the facts charged. In addition, there is no special problem that the victim did not have a right to know that her husband was threatened by the defendant or by informing her of the fact that she was threatened with the victim's surrounding women,".

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