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(영문) 광주고등법원 (전주) 2015.10.27 2015노152
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

All appeals filed by a prosecutor against the defendant and the respondent for an attachment order shall be dismissed.

Reasons

1. The summary of the grounds for appeal is consistent with the statement that the victim was raped from the defendant and the person who requested the attachment order (hereinafter “the defendant”), and it can be understood that the victim did not seek assistance from the relative in the ward at the time of rape in light of the victim’s age or the tendency of the juveniles, and that the circumstance of the complaint cannot be determined to be doubtful solely on the ground that the time when the victim filed the complaint by the defendants was delayed, the court below acquitted the defendants, and there is an error of law by mistake of facts.

2. Determination on the part of the defendant's case

A. On February 15, 2014, at around 23:00, Defendant A entered the victim’s house with doping to verify whether the victim’s misinception was in the victim’s house, and let the victim enter the victim’s house by taking advantage of the fact that the victim’s misinction was in the victim’s house, and that the victim’s misinction was in the victim’s house.

The Defendant: (a) laid down the victim’s body, which had been frightened by the Defendant, on the part of the victim’s body; (b) laid down the victim’s clothes on the bed; (c) so, the victim “I am hurd?h?h?h?h?h?h?h?h?h?h?h?h?h?h?h?h?h?h?h?h?h?h?h?h?h?h?h?h?h?h?h?h??h?h?h?h?h?h?h?s?

B. Around 22:00 on April 12, 2014, the Defendant sought the said victim’s house at another time, but the victim sent a message to the victim, who did not open the door, using the Kakakaox, allowing the victim to open a door and enter the victim’s house by having the frightened victim, and then, he saw the victim into the victim’s house. The Defendant saw the victim’s shoulder and hand on the victim’s shoulder, “I am off the victim’s house,” which read, “I am off the victim’s house,” and “I am off the victim’s door and hand.”

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