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(영문) 서울고등법원 2017.05.18 2016노4195
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal: Although the victim appears to have made a statement as the victim misunderstandings his/her memory, there is no big change in the content of his/her statement, there is no evidence to suspect the credibility of the victim's statement, and the circumstance of late reporting by the victim is natural and sufficiently understandable.

However, the court below held that the victim's statement is not reliable.

There is an error of law that affected the conclusion of the judgment because there is a mistake of fact in determining that there is no proof of crime in the evaluation and rejection.

2. The lower court’s judgment, based on the evidence adopted and examined by the lower court, acknowledged various circumstances, including the following circumstances, and, in light of the circumstance of recognition, determined that the part of the facts charged that the Defendant, at the time of sexual intercourse with C (hereinafter “victim”) around December 2014, committed assault or intimidation against the victim and forced sexual intercourse with the victim at the time of the victim’s sexual intercourse with C (hereinafter “victim”) constitutes a case where there is no proof of criminal facts as to the facts charged, on the grounds that it is insufficient to readily conclude that it is proven with sufficient evidence to the extent that there is no reasonable doubt.

① In relation to the crime of rape in 2014, the victim stated to the effect that, prior to the occurrence of the crime of rape and rape, the victim was guilty of having committed the crime of rape and rape, and that the victim was in a state that the Defendant was sworn.

However, it is very rare in light of the rule of experience that the injured party did not choose a way to directly transfer the defendant's wife by supporting the defendant's wife, who is the mother's wife, and did not confirm whether the defendant's wife is in his/her house, etc., and did not confirm whether the defendant's wife is in his/her house.

(2) The injured party shall enter the password in the name of the defendant, at the time of committing the crime in the name of 2014, and the defendant's seal.

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