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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원고등법원 2021.03.25 2020노690
준유사강간
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. As to the Defendant’s assertion of mistake of facts, the Defendant asserted that the lower court erred by misapprehending the same purport that “only there was a fact that the Defendant, upon the victim’s request, laid the victim into the Defendant’s vehicle and did not satisfe the body of the victim or engage in any similar rape as stated in the facts constituting the crime in the lower judgment.”

In light of the following circumstances acknowledged by the evidence duly admitted and examined by the court below, it can be sufficiently recognized that the defendant committed similar rape to the victim as stated in the facts of the crime in the judgment below by taking advantage of the victim's condition who was unable to resist under the influence of alcohol. Therefore, the defendant's assertion of mistake is without merit.

A. The victim's statement is consistent with the victim's statement 1) The victim's statement was consistent from the early investigation date to the court of original trial to "the chief of any male's car under the influence of alcohol," and the male involved in the victim's clothes, put his hand into the victim's clothes, putting his hand into the victim's body, putting his hand into the part on the part of the sexual flag into the part of the sexual flag, and putting his hand into the part on the part of the sexual flag.

The victim stated that he was at the time when the vehicle stops, and that he was at the police station after requesting the cab to open a door and remain behind and help.

As such, the victim's statement is consistent and detailed about the main aspect of the crime, and it is reliable.

B) The victim reported to the police box on the day of the instant crime to the offender, and “the victim was aware of it.”

The T president: (a) although he/she was identified as “the young,” he/she was investigated by the police station after three (3) days thereafter, and “the young is not the young but the young.”

He ambling, and she committed a mistake in the state of mental uneasiness at the time of report, which had been known prior to this.

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