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(영문) 대구고등법원 2019.05.02 2018노617
강간
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal (the fact-finding) evidence submitted by the prosecutor, the court below found the defendant not guilty of all of the facts charged of this case, despite the fact that the defendant had raped the victim three times.

2. Determination

A. On December 1, 2017, the summary of the facts charged is as follows: at around 11:00, the Defendant found at the house of the victim C (nick, name, and age 58) located in the Nam-gu Daegu-gu, Daegu-gu, the Defendant: (a) made the victim open the entrance; (b) made the victim open at the entrance; (c) opened the entrance; and (d) took the victim’s hand on the part of the victim; (b) took the victim’s hand on his/her part; (c) took the victim’s hand on his/her part; (d) took the victim’s hand in a canter; (e) took the victim out his/her body; and (e) took the victim off his/her clothes by using his/her hand and her hair; and (e) rape the victim on one occasion at around 10:10 on January 1, 2018; and (e) rape the victim at the same place as paragraph (1) of this Article.

3) At around 15:00 on February 2, 2018, the Defendant raped the victim once in the same manner as Paragraph (1) at the same place as Paragraph (1). The lower court determined that this part of the facts charged is difficult to be proven to the extent that there is no reasonable doubt that the victim’s statement was sexually raped three times by the Defendant in light of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court, and that the Defendant’s assault was not likely to make it impossible or considerably difficult to resist the victim, and that the Defendant’s assault was considerably difficult. (i) The relationship between the Defendant and the victim and the victim faces the entrance of the same floor of Ba, which was managed by D from the second half of the half of the year of the 2015, without proof of a crime.

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