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(영문) 서울고등법원 2016.08.23 2016노1231
강간등
Text

The defendant's appeal is dismissed.

Reasons

Even if based on the facts charged in the charge of rape as to the summary of the grounds for appeal, there is a criminal intent to commit rape only after the Defendant rendered that the Defendant would die of the victim's fingers and salker after her percentage of the electric wires combining the victim's fingers and sals.

It is reasonable to view that rape cannot be recognized from the phrase “the dead person as in the bombus test,” “the same year as in the bombus,” and “to be complied with.” The facts charged refer to “the Defendant would die in the bomb, so far as he would die in the bomb,” and rape after suppressing the victim’s resistance.

Although "the victim was detained, it is unclear how to suppress the victim's resistance, and the victim did not "the victim's son and the son were not bound when the defendant attempted to sexual intercourse, and there was no fact that the victim was breading or assaulted.

The defendant's statement was made, but it was not possible to prevent due to lack of force even though he was involved in the defendant's sexual activity in his hand.

Although the above statement was made, the said statement alone was “a assault or intimidation to the extent that it would make it impossible or considerably difficult to resist the resistance.”

shall not be deemed to exist.

In addition, prior to the occurrence of rape, the defendant injured the victim and combines the victim's grandchildren and scams; however, the face, scam, and scams of the victim are minor injuries requiring the treatment of about two weeks, the line of hand and scams of the victim is short and short, and the mobile phone charging line or cell phone charging line is short and short, and the above acts were committed over three hours prior to the sex relationship. Thus, the psychological impact of the victim was inflicted on the victim at the time of the sex relationship.

shall not be deemed to exist.

Ultimately, at the time of the sex relationship with the victim, the defendant has committed violence to the extent that it would make it impossible or considerably difficult to resist.

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