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(영문) 서울고등법원 2016.03.29 2015노3637
강간등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal (misunderstanding the facts about confinement) of the defendant does not prevent the victim from leaving the house of the defendant by using violence or intimidation against the victim.

Even though the statement about rape in the victim's statement is deemed to have no credibility, the statement about rape in the victim's statement is judged not guilty of the charge of rape, and the statement about confinement has credibility.

Therefore, it is unfair to recognize the conviction of the detention as evidence.

Therefore, the judgment of the court below which found the Defendant guilty of detention among the facts charged of this case is erroneous and erroneous.

In the first place, the victim was forced to lead the defendant's house to the public prosecutor rape.

In making a statement later, the victim made his/her statement that he/she did so, but he/she did so by himself/herself.

In such a case, the victim's statement that he/she had attempted to rape is sufficiently reliable because he/she made a false statement in part of his/her fear that his/her statement may be doubtful. Therefore, the part of the victim's statement that he/she attempted to rape can be sufficiently reliable.

B. The Defendant and the victim have sexual intercourse under an agreement because the son did not have credibility in the statement about rape in the victim’s statement

Since then, the defendant is not naturally assigned or naturally assigned to the conclusion that he detained the victim due to the sudden change.

Nevertheless, the lower court erred by misapprehending the legal doctrine on rape among the facts charged of the instant case.

The punishment sentenced by the court below to the defendant (one hundred months of imprisonment) is too unfortunate and unfair.

Judgment

As to the Defendant’s assertion of mistake of facts by the prosecutor, the Defendant alleged the same as the grounds for appeal of this case at the lower court, and the lower court on the two to four pages of the judgment.

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