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(영문) 서울고등법원 2014.12.18 2014노1609

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On July 3, 2014, a public defender of the defendant and a private defense counsel appointed by the defendant on July 3, 2014, submitted a statement of grounds for appeal stating the purport of filing an appeal on the grounds of intimidation and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Act on the Punishment, etc. of Sexual Crimes”) to the court on July 7, 2014. However, on the date of the first trial on August 12, 2014, the defendant and the newly appointed defense counsel stated that “the grounds for appeal will be arranged and will be disclosed by the next day,” and on September 1, 2014, the part of the court below’s judgment on the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Crimes such as Camerra, etc.) and the part on the punishment of rape is legitimate, and the remaining part of the defendant’s statement and the defense counsel at the first trial on September 2, 2014 (excluding the remaining part on the grounds for appeal).

1 A prosecutor prosecuted the Defendant over three occasions that he/she had raped the victim, and indicated the first time of the crime as “Seman on October 2012” and the second time of the crime as “Seman from November 201 to December 12 of the same year.” However, since the Defendant had sexual intercourse with the victim several times around the above time, the first and second charges of rape against the Defendant cannot be deemed to have been specified on the date of the crime.

Therefore, rapes in the above two times.