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(영문) 대구고등법원 2014.02.05 2013노428
강간상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant presented 200,000 won to the victim in consideration of putting his/her fingers into the victim's negative part, accepted it and entered the defendant's house, and the defendant inserted his/her fingers into the victim's negative part according to his/her promise. However, the court below judged that the defendant suffered bodily injury against the victim's will, which led to misunderstanding of facts, and thus, the judgment of the court below should be reversed.

2. Determination

A. The lower court did not accept the Defendant’s assertion that the Defendant had the same assertion in the lower court, and that the Defendant was fully convicted of the facts constituting the instant crime on the grounds delineated below.

1) On the day of the instant crime, the victim made a concrete and consistent statement before and after the crime to the effect that he/she went to the Defendant’s home, following the Defendant’s speech that he/she would have taken drinking and drinking alcohol, and that he/she would receive KRW 200,000,00,00,000, such as the purchase price of bareboat ordered, and that he/she suffered damage as to the facts of the crime. (ii) On the day of the instant crime, G who had taken the bareboat at the above main point and police officers dispatched to the site after receiving a report on the day,

3) The mere fact that the victim went to the defendant's home without resistance and received KRW 200,000 from the defendant's home is insufficient to doubt the credibility of the victim's statement. 4) The defendant asserts that, as a promise, the victim was sent to the victim by telephone, and the victim was sent to the defendant's head as soon as the victim was frighted and the defective victim was frighted. However, at the time, the victim called 112, and the victim was frighted by the defendant and the victim was received with sound recorded.

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