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(영문) 서울고등법원 2015.11.06 2015노1957
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the victim's investigative agency and the court of original instance are partly inconsistent with each of the statements in the facts charged in this case. However, the court below rejected the credibility of the victim's statement in light of the fact that each of the crimes in this case was sexual assault committed between relatives and committed repeatedly over a long time, and the victim's dependences on the defendant who is a father-child, but acquitted the defendant and the person subject to the request for attachment order (hereinafter "the defendant") on the facts charged in this case. The court below erred in the misapprehension

2. The summary of the facts charged is that the Defendant is the victim's pro-child (here and D).

The Defendant, who had been nurtured, had the victim feel her desire to do so, had no family member, or had a female juvenile who is a relative by taking advantage of the gaps in other work, had the victim sexual intercourse or rape by force.

On June 201, the Defendant: (a) around the end of a night, at the room of the victim (the age of 14 at that time), who was going to go to a scam, and carried out a computer game, the Defendant: (b) caused the victim to sit at the scam; (c) caused the victim to sit at the scam; (d) caused the victim’s right shoulder with the victim’s left hand, and (e) caused the victim to have sexual intercourse with the victim’s body on the scam.

Accordingly, the defendant has sexual intercourse with a female juvenile by force.

B. On November 201, 201, the Defendant around the end of November 201.

In the same place as Paragraph 1, Da Da was off the clothes of the victim (at that time 14 years of age) and sexual intercourse one time with the victim, who was able to take advantage of the victim's body.

Accordingly, the defendant has sexual intercourse with a female juvenile by force.

C. The Defendant: (a) around November 201 to December 2012, 201, the Victim F at Innju City and at around 23:00 (the age of 15) from the room of the victim under 201 (the age of 15).

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