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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전고등법원 2014.06.20 2014노108
강간상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. Although the victim's statement that the defendant suffered sexual intercourse and bodily injury by suppressing the victim's resistance is sufficiently reliable in light of the following: the defendant's assertion of the grounds for appeal is difficult to acknowledge credibility; the victim's assertion of the reason for appeal is in violation of law of misunderstanding of facts; the victim's report to the police immediately after the case; and the victim's report immediately after the victim's report is discovered; etc., the victim's statement that the victim has suffered sexual intercourse and bodily injury by suppressing

2. Determination on the grounds for appeal

A. In light of the following circumstances, the lower court acquitted the victim of the instant facts charged on the ground that the victim’s statement, the sole direct evidence of the instant case, cannot be deemed as evidence of guilt due to low credibility, and the evidence submitted by the prosecutor alone is difficult to deem that the instant facts charged were proven without reasonable doubt, and that there is no other evidence to acknowledge it.

1) The victim lack consistency in the victim’s statements made several statements concerning the instant case at the police level, twice at the prosecution, and twice at the court of original instance, and several times until testimony at the court of original instance, the following changes were made from time to time with regard to the circumstances surrounding the Defendant’s interview, the background leading up to the movement of the Defendant to the telecom, the circumstances within the telecom, and the following circumstances after the occurrence of the instant case. A) When the victim made a statement at the police immediately after the instant case, the victim made a statement at the police, “The victim was salking at the EA club, and was salking. At the time of playing at the age club, he was 1 female salking, and the Defendant was 2 male juds, and 5 was playing at this time.” However, in the first prosecutor’s investigation, the victim was 4 female salking at the age club as well as the first prosecutor’s investigation.

L's daily conduct and the defendant's daily conduct are together in the room.

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