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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구고등법원 2016.08.25 2016노117
강간등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the victim G was subject to forced indecent conduct from the defendant consistently with the investigative agency;

The victim F stated that the victim F was not registered as a intellectual disabled person, but the intelligent index is merely 59, and it is somewhat contradictory or ambiguous to the statement.

Even if the credibility of the statement is not easily denied.

However, the court below is difficult to ascertain the statements of the victims.

In light of the facts charged in the instant case, the lower court erred by misapprehending the facts and by exceeding the rules of law.

2. Determination

A. The lower court acquitted the victim G of this part of the facts charged on the ground that it is difficult to credibility the victim G’s statement on the grounds of the circumstances as indicated in its holding, such as the fact that the victim’s forced indecent act is inconsistent with the victim G’s statement and continued contact with the Defendant even after the instant case.

Examining the various circumstances presented by the court below in light of the records, the above determination by the court below is just and acceptable, and there is no error as alleged by the prosecutor.

Therefore, this part of the prosecutor's argument cannot be accepted.

B. The court below held that it is difficult to believe the victim’s statement as it is on the grounds of circumstances as stated in its reasoning, such as the fact that the victim F’s statement is not consistent and the content of the statement was embodied, and that the Defendant committed violence or intimidation against the victim at the time of the instant case.

On the ground that it is difficult to see this part of the facts charged, the lower court acquitted.

The following circumstances, which can be acknowledged by the evidence duly adopted and examined by the court below, are the victims who were locked in the same room at the time of the instant case.

G did not act in spite of the easy request for assistance to G (G is the victim at the court below's decision.

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