성폭력범죄의처벌등에관한특례법위반(특수강간)등
The part of the judgment of the court below 1, 2 and 3 guilty (excluding the part of the compensation order) shall be reversed.
Defendant .
1. Progression of judgment and occurrence of final binding force;
A. According to the records of this case, the following facts can be acknowledged.
1) The prosecutor prosecuted the Defendant as follows.
① Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Rape), Injury to rape, damage to property, coercion, punishment, etc. of sexual crimes (No. 1) (2) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (No. 1) with respect to AB (the judgment of the court of first instance) <3> Fraud (the judgment of the court of second instance) with respect to victim N (the judgment of the court of second instance) < Amended by Act No. 2000, Apr. 2, 2000> (5) Fraud with respect to victim E, C, J, and D (the judgment of the court of second instance). 6) The court of first instance convicted the Defendant of all the charges, and sentenced the Defendant to eight years, confiscation, and order to complete the sexual crime treatment program 40 hours.
The judgment of the court below of the second instance convicted all the above facts charged, and sentenced the defendant to imprisonment with prison labor for a year and six months.
The judgment of the court below 3 judged not guilty and not guilty of the remainder of the facts charged, and sentenced the defendant to imprisonment with prison labor for one year and six months.
3) As to this, the Defendant appealed on the grounds of misunderstanding of the facts and misunderstanding of the legal principles as to the guilty portion among the judgment below, and misunderstanding of the legal principles as to the acquittal portion among the judgment of the judgment of the judgment of the judgment of the judgment of the court below of the judgment of the judgment of the court below
4) Before remanding, the lower judgment was consolidated, and the Defendant was raped on May 5, 2016 among the facts charged against the Defendant, and from around 23:30 on May 1, 2016.
5. 2. The occupation of rape around 00:0 and around 00:30 on May 2, 2016, and around 23:30 on May 8, 2016;
5.9.02:00 The defendant's appeal was accepted and acquitted on the injury caused by rape, and the defendant and the prosecutor's appeal on the misunderstanding of the remaining facts and misapprehension of the legal principles are without merit.