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(영문) 광주고등법원 (제주) 2020.06.10 2020노13
성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the following circumstances: (a) the victim B and C had no choice but to accept continuous sexual assault under the expectation that real estate transactions promised by the Defendant may occur; and (b) the victim’s statement has continued to comply with the Defendant’s demand passively with the victim’s demand in a situation where it is difficult to inform him of his damage to sexual assault; (c) the victim’s statement is sufficiently reliable; and (d) the victim’s statement has sufficient credibility with respect to the crime of intrusion upon residence and rape committed on May 27, 2017 against the victim B; (d) the victim’s own sexual relationship with the said victim was recognized; and (e) the crime against the victim C committed by indecent act on July 18, 2018 against the victim D was made by a witness witness who complies with the witness’s statement, thereby recognizing both the Defendant’s sexual intercourse or indecent act.

Nevertheless, the judgment of the court below which acquitted the defendant is erroneous in misconception of facts.

2. Summary of the facts charged in this case

A. On May 19, 2017, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in Residence) on or around May 19, 2017, at around 02:40, the Defendant: (a) opened the entrance door of the victim, which was not corrected in the F building G, owned by the Defendant at Jeju City, and obstructed the victim from resisting the chest part of the victim by one hand; (b) opened the entrance door of the victim, which was not corrected in the F building G, which was held by the Defendant at Jeju; and (c) attempted to commit rape by inserting the victim’s chest into the victim’s chest with another hand, and inserting another chest with the victim’s chest, and inserting it into the part of the victim’s chest; (d) attempted to commit rape on or around May 27, 2017, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape at around 207, May 27, 2017).

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