(영문) 대구고등법원 2016.09.22 2016노240 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구고등법원 2016.09.22 2016노240

강간

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal lies in the fact that the Defendant has sexual intercourse with the victim on the date and time stated in the facts charged, but this is made under an agreement with the victim who was in a relationship with the victim.

However, the court below held that the defendant raped the victim based on the statement of the victim without credibility.

The judgment of the court below is erroneous in the misapprehension of facts.

2. Determination

A. The lower court also asserted the same purport as the grounds for appeal, and the lower court, based on the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, fully recognizes the Defendant’s rape.

The decision was determined.

(1) The main purport of the victim's statement is that a victim's victim's statement will go together after talking with the defendant on the day of the case.

However, the Defendant was sitting the victim on the bed while putting the shoulder on the bed, and lying the shoulder, and the victim resisted the victim by putting the Defendant on his arms so that the leg does not support the victim’s body. However, the Defendant’s satisfe the victim’s resistance and relation with the victim’s satisfe with the satch force.

The victim consistently stated the above contents from the police to the court of the court below as to the principal part of the crime, such as the defendant's act and the situation at the time of rape. Since the content of the statement is secret and specific, it seems that the victim is unable to make such statement without direct experience.

(2) The Defendant, under an agreement, was in a sexual relationship with the victim.

However, on the day of the case, the victim tried to escape from the defendant's body by sending another male text message from another male to the other male, and refusing to receive the mobile phone.

Accordingly, the defendant finds the victim late at night and takes aboard his own vehicle and the defendant's person.

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