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(영문) 부산고등법원 2013.05.15 2012노675

특정범죄가중처벌등에관한법률위반(영리약취ㆍ유인등)등

Text

The judgment below

Part concerning Defendant A, B, C, and D among them shall be reversed.

Defendant

A Imprisonment with prison labor for not less than six years, and Defendant B.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that: (a) the victim had already released the Defendant before the maturity, and had been using a tentatively named name (referring to sexual traffic; hereinafter the same shall apply); (b) the victim contacted the Defendant; and (c) the victim got into contact with one another; and (d) the victim voluntarily fell short of the living cost in the process, it is difficult to deem that the Defendant had induced the victim.

B) As to the conduct of special rape and rape, the Defendant only had a sexual intercourse under the agreement with the victim, but did not rape the victim. 2) Defendant F’s sexual intercourse with the victim was true, or during that process, did not exercise any form of force, such as assault or intimidation, against the victim.

B. The sentence imposed by the lower court on the Defendants (seven years of imprisonment; seven years of order to submit sexual assault therapy; seven years of order to submit a disclosure or notification; six years of imprisonment; 100 hours of order to submit a sexual assault therapy; 4 years of imprisonment; 100 hours of order to submit a sexual assault therapy; 100 hours of order to submit a sexual assault therapy; 200 hours of order to submit a sexual assault therapy; 10 years of order to submit a disclosure or notification; 10 years of imprisonment to the Defendants: 4 months of order to submit a sexual assault therapy; 200 hours of order to submit a disclosure or notification; 6-C and 5 years of order to submit a sexual assault therapy; 6-E as indicated in the lower judgment; 7 years of imprisonment to the Defendants’ order to submit a sexual assault therapy; 3 years of imprisonment; 120 hours of order to submit a sexual assault therapy; and 5 years of order to disclose or notify each).

2. Prior to the judgment on the grounds for appeal ex officio, the prosecutor shall examine the case ex officio prior to the judgment on the grounds for appeal of ex officio, and the prosecutor shall make a profit-making abduction and inducement of part of the "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" against the defendant A, B, C and D in the trial.