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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주고등법원 2015.12.24 2015노100
강간
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of legal principles or factual errors);

A. On the day of the instant case, the Defendant agreed with the victim E (hereinafter “victim”).

B. The defendant does not have any fact of assaulting or threatening the victim, and the victim's statement cannot be trusted.

C. Therefore, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court of the lower court, the lower court determined that the victim’s statement was sufficiently reliable. (1) The lower court determined that (i) the victim’s statement was sufficiently reliable, taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the court of the lower court (see, e.g., circumstances recognized by the lower court). (ii) the victim has consistently stated the details and content of the instant crime, circumstances immediately after the crime, etc., and there was no other motive to make a false statement. (ii) The victim was first on the part of two customers before a restaurant, and was only about 30 minutes of the victim’s sexual intercourse with the Defendant, and it is difficult to deem that such victim consented to the victim’s sexual intercourse with the Defendant. (iii) The victim appears to have been able to easily suppress the victim’s sexual intercourse by sufficiently dividing the victim who was relatively distorted by the Defendant to the investigation agency, and (iii) the victim first asked the investigative agency about the damage inflicted on restaurant business at the time of the victim.

(b)in this case;

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