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(영문) 대전고등법원 2020.08.21 2020노41
강간등
Text

The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

The defendant shall be punished by imprisonment for three years.

Reasons

1. The court below rejected the application for compensation filed by B (tentative name; hereinafter the same shall apply). The court below rejected the application for compensation filed by the applicant for compensation, and the application for compensation filed by the applicant for compensation cannot be filed pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, which became final and conclusive immediately.

Therefore, the dismissal part of the judgment of the court below is excluded from the scope of the trial of this court.

2. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles);

A. In full view of rape, consistent and detailed statements made by the victim B, the victim’s statements made to Q (a false name; hereinafter the same shall apply) immediately after rape, the victim’s statements made to Kakao Stockholm messages and Q, the details of 112 reports, and the Defendant’s attitude and statement made by singing P, etc. after the instant case, rape of the victim and the fact that the victim was dead, can be sufficiently recognized.

Nevertheless, the court below erred by misapprehending the facts and misapprehending the legal principles, thereby finding the Defendant not guilty.

B. Comprehensively taking account of the fact that K and T's statements and CCTV pages, it is sufficiently recognized that the defendant misrepresented K police officers and attempted to exercise his official authority.

Nevertheless, the court below erred by misapprehending the facts and finding innocence on this part.

3. Determination of the grounds for appeal against the accused case

A. (1) A summary of the facts charged in this part of the facts charged) The Defendant, on March 16, 2018, committed rape, was able to rape the victim B, who was a partner of the Defendant, by entering the Famnob in Daejeon Jung-gu, Daejeon (hereinafter referred to as “Mamnob”) together with his/her working at around 22:0 on the same day, having two singing singing in nine instances, and playing in the same manner.

The defendant, around 00:00 on March 17, 2018, issued a victim with a singing corridor, and then called "this spaws and enters," and the victim.

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