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(영문) 대전고등법원 (청주) 2015.10.29 2015노26
강간등
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the grounds for appeal is that the victim has sexual intercourse under the agreement with the victim in the case of rape crime. In the case of the crime of attempted rape, the victim's refusal and suspension of sexual intercourse with the consent of the victim while attempting to sexual intercourse with the consent of the victim.

2. Determination:

A. The facts charged 1) At around 05:00 on May 2012, the Defendant: (a) had raped the Defendant’s house C apartment 602 and 607 at the Cheongju-si, the Defendant’s house; (b) had been under the influence of alcohol with D and her female friendly job offers victim E (the age of 27) at the night-gu and night-dong house; (c) had been dispatched to the hospital upon receiving a report of her her fright DNA in the process of drinking together; (d) had the victim sent the victim at the Defendant’s house and tried to have sexual intercourse with the victim; (c) had the victim’s her frightts and boom; (d) had the victim refused it; (d) had the victim forced off by force; (e) had sexual intercourse with the victim’s body; and (e) had the victim forced sexual intercourse with the victim at the victim’s house at around 20, 2012.

B. The lower court determined that: (a) the victim consistently and specifically stated the facts charged in the instant case from the police to the court of the lower court; (b) the victim sent text messages to the Defendant to the effect that the victim is credibility in the statement; and (c) around June 13, 2012, after each of the instant crimes, the victim sent text messages to the effect that “the victim acknowledges before and after the victim’s phone to the Defendant’s wife; and (d) the Defendant.”

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