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(영문) 서울고등법원 2013.11.01 2013노2647

성폭력범죄의처벌등에관한특례법위반(특수강간)등

Text

The conviction part among the defendant's case of the judgment below shall be reversed.

Defendant

A 5 years of imprisonment, and Defendant B 4 years of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) The Defendant and the person requesting an attachment order (hereinafter “Defendant”) under the part of Article 2-A(a) of the judgment of the court below

(2) The part of Paragraph (1) of the judgment of the court below in the part of Paragraph (1) of the judgment of the court below did not see that Defendant B had sexual intercourse with the victim and that Defendant B had sexual intercourse with the victim. The part of Paragraph (1) of the judgment of the court below revealed that Defendant B and the victim had sexual intercourse with the victim as good.

3) Article 2-2-2(b)(b)(1)(b)(a)(b)(i)(i)(i)(b)(i)(i)(b)(i)(i)(b)(i)(i)(i)(i)(ii)(i)(ii)(i)(ii)(i)(ii)(i)(i)(s)(i)(i)(b)(i)(b)(i)(

2) It is unreasonable for the lower court to order Defendant B to attach an electronic tracking device, even though the part of the case claiming an attachment order does not pose a risk of recidivism. C. The Prosecutor 1 clearly states that the victim was raped on two occasions in the inn court, and the content of the statement is very specific and credibility. Thus, this part of the facts charged is recognized.

2. Since the victim's statement of the non-guilty part against Defendant B is specific and reliable, this part of the facts charged is recognized.

2. Determination

A. As to Defendant A’s assertion, the court below rejected the above assertion in detail, on the ground that Defendant A’s assertion as to the same ground for appeal as that of this part of the judgment of the court below, and on the ground that Defendant A had the same assertion as that of this part of the judgment of the court below, the court below rejected the above assertion in detail. If the above judgment of the court below is examined closely by comparison with the evidence duly adopted and examined by the court below, the judgment is just and there is no error of mistake of facts as alleged by the defendant. 2)