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(영문) 대전고등법원 2018.04.27 2018노1
강간치상등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

. A prosecutor requested at the trial;

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person who requested an attachment order (hereinafter “Defendant”) to whom the above victim was committed did not commit any indecent act, and there is no fact that Defendant and the person who requested an attachment order (hereinafter “Defendant”) did not commit any indecent act with the victim E at the time of the instant case, and there is no fact that the above victim was injured.

2) Even if the Defendant’s act is found guilty, the lower court’s sentencing (the completion of a sexual assault treatment program with three years and forty hours of imprisonment) is too unreasonable.

B. As to the injury resulting from rape among the facts charged (misunderstanding of facts), in light of the circumstances at the time of the crime, such as the fact that at the time of the case, the defendant was guilty of the injury resulting from rape, not the injury by force, but the injury caused by rape, in light of the following: (a) the defendant was trying to get the panty of the victim, who was on the part of the victim E, was knee and knee; and (b) the panty was attempted to get the panty; and (c) the victim was unable to resist, but the above victim was not resisted.

2) Among the facts charged, the statement of the victim K and witness M expressed by the defendant as a criminal with respect to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act), special intimidation, and assault is reliable, and thus, the facts charged should also be convicted.

2. Determination

A. 1) The lower court found the Defendant guilty of the facts constituting the crime as indicated in the lower judgment on the grounds of the Defendant’s appeal on the following grounds.

① The victim E consistently made a specific and consistent statement concerning the overall crime of this case, such as the situation from the investigative agency to the court, the accused’s timing of committing the crime, the injury of the Defendant, and the fear at the time of the instant case. Such statement made by the said victim is to the extent that it is difficult to state or express without direct experience.

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