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(영문) 서울고등법원 2018.05.10 2018노80
강간상해등
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 court below rendered a not-guilty verdict on all the facts charged of this case, although the defendant could sufficiently recognize the fact that the defendant rapes and inflicts bodily injury, etc.

2. Determination

A. The summary of the facts charged in the instant case 1) The Defendant: (a) discovered that the Defendant was raped on January 17, 2017 at around 01:30, and discovered that the Defendant was in the same way in the mutual singing room in the area where a person C (at around 44 years of age) was in the area where he was in the area where he was in the area where he was in the area where he was in the area where he was in the area where he was in the area where he was in the said area; and (b) sought the Defendant’s residence to the Defendant’s residence in Suwon-

At around 03:00 on the same day, the Defendant: (a) made the above Defendant’s residence, and (b) made C’s negligence of disregarding the Defendant, among the persons who have been in the above singing room, by drinking in a mixed manner; and (c) “B”.

The dog that is raised at the house does not so even to the dog, and C, which takes place by hand, shall return to the house, brush, and c, who brushs C's right c at one time, and c off with clothes to C.

The defendant's sexual flag was inserted once in another C's sexual flag on the part of C, which had been forced to write off the C's name in two hands, and the wheels to set up C's chest part, such as the wheels to set up C's chest part, and had C be off and put off his clothes into the bed part, and then put the defendant's sexual flag into another C's sexual flag on the part of C.

As a result, the Defendant raped C by intimidation, and inflicted injury on C such as dump salt, tension, etc. in need of approximately three weeks of treatment.

2) On January 17, 2017, at around 03:00, the Defendant detained C by threatening C, who want to go to house as above, with the body of the said Defendant having been sealed several times, bucking at the click, and wishing to go to toilets, and by threatening C, who want to go to a toilet, “I see to go to the bet to the bet to the bet to the bet to the bet to the bet to 09:00 on the same day.

B. The lower court’s determination is as follows, comprehensively taking account of the following circumstances acknowledged by comprehensively taking account of the evidence adopted by the lower court.

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