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(영문) 광주고등법원 2017.01.26 2016노402
유사강간
Text

The prosecutor's appeal is dismissed.

Reasons

In light of the evidence submitted on the grounds of appeal, the prosecutor found the defendant not guilty on the ground that the defendant was aware of a similar rape by threatening the victim.

The argument is asserted.

However, examining the various circumstances cited by the lower court with the record and closely, even if the prosecutor fully takes into account all the contents of the accusation on the grounds of appeal, there was a threat of the Defendant to the extent that the submission of the evidence alone makes it impossible or considerably difficult to resist the victim at the time of committing the crime indicated in the facts charged

We affirm the lower judgment that it is difficult to view.

There is no error of misunderstanding of facts as alleged by the prosecutor.

We do not accept the Prosecutor’s Claim.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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