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(영문) 서울고등법원 2014.07.17 2014노157

성폭력범죄의처벌등에관한특례법위반(강간등치상)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

When seized gallon block, one cell phone (No. 1) is used.

Reasons

1. Summary of grounds for appeal;

A. The defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") (1) - misunderstanding of facts - Paragraphs 1 and 2-A of the decision of the court below.

In the case of a crime in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Special Indecent Act by Compulsion) as stated in the judgment of the court below, the defendant sent the knife knife to the victim in the main room and sent the knife knife knife to the victim, and made knife the victim's complaint about the sexual act of the victim as to the complaint against the victim's sexual act, "I am knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife."

No. 2-A of the decision of the court below.

In the case of criminal facts in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras, etc.), Article 2-A.

Before January 2013, the video recorded in the port was taken in Kameras with the consent of the victim in the G pentas room.

Nevertheless, the judgment of the court below is based on the statements, etc. of the victim with no credibility, and paragraphs 1 and 2-A of the judgment of the court below.

The court below found the defendant guilty of all the crime, and there is an error of misunderstanding of facts.

(2) The sentence imposed by the lower court on the Defendant (two years of imprisonment, etc.) is too unreasonable.

B. In full view of the facts charged by a prosecutor (1) or misunderstanding of legal principles - the victim’s statement from an investigative agency to the court of the court below and the photographs of the upper part, which correspond to the facts charged in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the injury caused by rape, etc.