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(영문) 서울고등법원 2014.11.14 2014노1607
강간미수
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the grounds for appeal is that the defendant attempted to commit a sexual intercourse with the victim E (hereinafter “victim”) and was found guilty on the grounds of the victim’s statement without credibility, although he attempted to commit a rape. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. The facts charged and the judgment of the court below

A. On February 3, 2013, the Defendant: (a) around 22:00 on February 3, 2013, 2013, the Defendant was aware of the fact that he was a pro-friendly appearance D or a victim of a flyng, which was introduced from the said D, in a non-fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly, with D and the victim,

On February 4, 2013, the following day, the Defendant, at the same time as D, was married with the victim, and the victim was staying in each room, the Defendant: (a) had the victim mind to rape the victim; and (b) had the victim go through fry to the above Felel room where panty is in a state where panty is running; and (c) had the feld and sloping the bridge on the part of the victim; and (d) had the victim seld with the victim who was seated in the fel, and divided the conversations with the victim at that place; (b) he was feld under the victim’s kne, who was placed in the victim’s fel, and forced the victim to become inside the victim; and (c) had the victim go off on the part of the victim, and (d) had the victim go back to the victim’s her face without returning it to the victim’s chest.

Even though the defendant continued to join the victim's chest as soon as possible, the victim strongly pushed the defendant's shoulder and resisted that the victim "I am."

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