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(영문) 서울고등법원 2017.04.27 2016노3924
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault against the defendant for forty hours.

Reasons

1. Although the summary of the grounds for appeal did not have committed rape by threatening D by threatening D, the lower court found the Defendant guilty of the facts charged of this case on the grounds of the statement of D without credibility. In so doing, the lower court erred by misapprehending the legal doctrine.

2. Determination

A. On June 3, 201, the summary of this part of the facts charged is that the Defendant, at around 15:01 on June 3, 201, D (15 years old) upon the Defendant’s request of the head of Mapo-gu Seoul at the right time before the Defendant’s house in front of the Defendant’s house in Mapo-gu Seoul, would have a knife to commit rape in front of the house by saving the Defendant, and then throw the knife in front of the house. The Defendant would throw away the knife (20cm in total length, 31cm in length, 20cm in length of the knife) without entering the house.

Intimidation, D's handure was moved into the house, locking the door, and D "6-7 months have passed since she became aware of her woman's car."

Along with the fact that D's knife, sound kniff knife’s knife’s knife, D's knife with a knife, and D's knife with a knife, but D's knife with a knife, but D's knife with a knife,

The escape of the defendant was not achieved by the wind.

Accordingly, the defendant attempted to have sexual intercourse with D, a child or juvenile.

B. In full view of the evidence adopted by the lower court, the lower court determined that the Defendant attempted to rape D with the knife D by using the knife D, but that D’s phone number will be known and remanded.

This part of the charges shall be deemed to have been committed on the part of an attempted attempt by closing the error, and this part of the charges shall be found guilty, and it shall be determined as an attempted suspension

(c)

In determining whether the assault or intimidation was significantly difficult to resist the victim in the course of the crime of rape, and whether the assault or intimidation was significantly difficult to resist the victim’s resistance is exercised.

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