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(영문) 대구고등법원 2018.06.20 2017노636
강간
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1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for two years;

3. Sexual assault against the defendant for 80 hours.

Reasons

1. The summary of the grounds for appeal is that the defendant, as well as the confession from the investigative agency, made a consistent and detailed statement from the investigative agency to the court of the court below in lieu of the fact of damage, and thus, the court below found the defendant not guilty of the facts charged of this case. The court below erred by misapprehending the legal principles.

2. Determination

A. The summary of the facts charged in the instant case is as follows: (a) the victim D (the victim’s age at the time of the instant crime was indicated as 22 in the indictment for the 18-year-old indictment; (b) in light of the victim’s date of birth indicated in the record, it is obvious that it is a clerical error, and thus, correction is made as above.)

of this chapter. The Corporation becomes aware of

At the time, Defendant, victim, E, F, G, etc. were in dialogueed in a hosting hall, and the Defendant’s following seals:

1. 6. E was committed directly with the victim, etc. at E’s home.

Defendant pursuant to the above commitments

1. 6. 20:30 At around 20:30, E’s house in the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the 23:0, E of the 23:00 the G of the G of the fla

1. 7. 01:00 around G and F entered a small room, and the victim got out of the room after scambling, and the victim got out of the room. Then, the Defendant got out of the room.

Defendant

1. 7. Around 05:30, a new wall was 05:30, to prevent the victim from being shouldered by a shoulder or with the victim's inner wall, and to protect the victim's sexual organ by inserting hand into the victim's panty panty, and "When Ne becomes aware of the cooperation here and sound, I will throw away this, and you will see E will be drinking," and followed by intimidation of the victim, "the victim will be frighted to be frighted by the storm, and fright to be inside it," and followed by leaving the victim as a small room with the victim's invasion.

The defendant shall be a smaller room.

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