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(영문) 대전고등법원 2018.02.02 2017노280
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

The part of the judgment of the court below 1, 2 and 3 guilty (excluding the part of the compensation order) shall be reversed.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misapprehension of legal principles, violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special rape), and the injury caused by rape (crime No. 1) (1) of the facts constituting the crime in the judgment of the first instance court) (1) of the Defendant and the victim AB (the age No. 31), but there was a little physical fighting between the Defendant and the victim AB (the age No. 31), but there was no assault to the extent that the Defendant made it impossible

With regard to the list Nos. 1 through 3 of the crime table attached to the judgment below, each of the above crimes shall be regarded as a single crime, since the time and place of the crime is close to another time and the unity of the crime is recognized.

In relation to the list of crimes Nos. 3 attached to the judgment below, the defendant did not have threatened the victim by using a knife.

In relation to the list of crimes Nos. 5 attached to the judgment below, the victim suffered injury due to the sexual intercourse with the defendant.

It shall not be readily concluded.

(2) The victim, prior to the occurrence of the instant case, has reached a training group (MT).

The victim made a statement with the victim at the time.

When considering the location, etc. of the mobile phone address of the AG, the victim did not visit the training center of the SaG when it is a place of the training group.

Nevertheless, since the victim made a false statement differently, the victim's statement has no credibility as a whole.

In addition, in light of various circumstances, such as making a consistent statement on May 1, 2016 on the time of returning home, the frequency of rape, etc., the victim makes an exaggerated statement about the fact of damage.

B) The point of coercion (Article 2 of the facts constituting the crime of the judgment of the first instance judgment) did not compel the Defendant to prepare a letter through assault, intimidation, etc. against the victim. The victim’s statement on this part is not reliable.

C) The photograph taken around May 2, 2016 on the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the crime No. 1 in the judgment of the court below) (Article 33:45 of the crime in the judgment of the court below) was taken upon the victim’s request.

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