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(영문) 서울고등법원 2016.07.12 2015노2698
준강간
Text

The prosecutor's appeal is dismissed.

Reasons

In light of the following facts, the court below acquitted the Defendant of the facts charged in this case, although the victim was in an incompetuous state at the time of committing the crime of this case and the Defendant could fully recognize the fact that the victim had sexual intercourse by using it, the court below erred by misapprehending the legal principles.

The victim became aware of the sex relationship that he/she should look after after after she was in her arms while drinking with the defendant.

In light of the following circumstances, the statements made by the victim may be reliable.

The victim has consistently made a statement that he/she had no memory of drinking in the place where he/she had drinking alcohol, and that he/she had a shouldered or she had a drink.

The victim was able to find out the Defendant, who was frighten in the situation of the past day, without memory, and was frighten from the mixed telecom with the Defendant, and then came to know that there was a sexual relationship with the Defendant after hearing the answer.

The Defendant also asked the situation at the time of the instant case when the victim first calls with the victim after the instant case.

was made.

In light of the above point, the victim did not have awareness at the time of the instant case and did not completely memory the situation at all.

The victim got beyond the floor in the process of moving from the alcohol house to the elbow and head, suffered the upper part of the elbow and head, and the elbel parking lot was cut off to the extent that the victim was unable to walk and was out of the elb, and at the time, the victim was in a state that the normal movement was made impossible.

On July 1, 2014, around 07:00, the victim-friendly job offer I stated that the prosecutor “08:00” was the victim-friendly job offering I, but I stated that both the court below and the police stated “07:00” (94 pages of the trial record and 66 pages of the evidence record). Thus, the victim-friendly job offering I appears to be the clerical error of “07:00”.

The victim was only the victim.

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