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(영문) 서울고등법원 2016.09.23 2016노1188
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the victim’s body condition at the time of the occurrence of the instant case, the time and place of the instant case occurred, the victim’s statement that he/she was raped by the Defendant on the date and time stated in the instant facts charged is not reliable.

There is no other evidence to acknowledge the facts charged of the instant case.

Nevertheless, the judgment of the court below which found the defendant guilty has erred by mistake.

2. Determination

A. In light of the following circumstances acknowledged by each evidence duly adopted and investigated, the lower court determined that the victim’s statement that he/she was raped by the Defendant has credibility, and thus, it can be sufficiently recognized that the Defendant has raped the victim.

The decision was determined.

① consistently from the police to the court of the court below, the victim came to have only our house in 2004.

The defendant, while playing a computer in a ward, showed that he was frightened, her chest was cut down, and forced him to be towed by inside and her, and she was raped by him.

“ Clearly stated to the effect that it was “.”

② As to the circumstances leading up to the victim’s notification to the neighbors of the injury, “The victim did not notify her family members of the rape immediately after the instant case, and her first talked with her health ship for two to three months since her birth did not result in a hysar and her birth.

After that, the public health center has been faced with the other money (I).

“The statement was made”.

A health teacher G and a teacher who was a victim

In light of the statements made by the F and E, the mother of the victim, in the court below, and the statements made by the prosecution by the victim, I, the victim, are credibility.

③ In 2006, E expressed the fact that the Defendant raped the victim to his family members, including H and J, around the time of marriage.

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