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(영문) 대구고등법원 2017.08.07 2017노222
강간등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

except that, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

On the grounds of appeal, the Defendant sent a text message as described in this part of the facts charged, but did not edit the victim’s sexually-related video as a photograph. However, the intent to receive contact with the victim is not intended, and the crime of intimidation is not established on the ground that there was no intention to notify the actual harm and to cause fear.

With respect to rape and attempted rape, the Defendant was only having or about to have a sexual intercourse under an agreement with the victim, and does not commit an attempted rape.

In the case of the statement of the victim, which is the basis of conviction of the court below, the victim was raped in the police 1 and 2 investigations on September 13, 2015.

Since then, there is no credibility in light of the fact that there was a change in the statement that he had been raped on August 30, 2015, and that there was no prosecution, and that the victim did not immediately report the damage immediately.

In addition, in the case of attempted rape, the victim immediately ceased his/her attempt to refuse the rape, and thus, it constitutes an attempted rape.

On March 5, 2016, the Defendant was forced to commit indecent acts and assault, and there was a fact that the Defendant had sold to the intent that the face and hand of the victim who was frightened, or that the talk was divided in a fright manner. However, the Defendant did not look at the victim's chest, and even if so, the Defendant was aware of the victim's chest.

Even if it does not intend to do so, it does not constitute a forced indecent act or assault.

On July 3, 2016, with regard to the indecent act by force of the victim on July 3, 2016, the victim was on board the victim's own car, and the defendant was aware that there was no particular response, but did not consent to the victim, and the victim was knee and knee, and the defendant's hand knee and kne.

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