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(영문) 수원고등법원 2020.01.09 2019노320

성폭력범죄의처벌등에관한특례법위반(특수강간)등

Text

The judgment below

The guilty part against Defendant B, C, and D shall be reversed.

Defendant

Punishment B, C, and D shall be punished, respectively.

Reasons

1. Summary of grounds for appeal;

A. A. 1) misunderstanding of facts (1) (1) The Defendants talk to the effect that there is a defect in the sexual relationship with the victims after drinking in advance; (2) the Defendants perceived that the victim'sJ was satisfying, and Defendant C attempted to assist the victims'J to engage in the business; (3) Defendant D took the victim'sJ away from the victim's n room and alute, Defendant B, and C rape; (4) Defendant B and D took rape with the victim's G; (5) Defendant B and D took the victim's sexual relationship with the victim'sJ; (3) Defendant B and D went to the effect that the victim's sexual crime was not guilty of the violation of the Act on Special Cases Concerning the Punishment of Quasi-Rape of Children and Juveniles from Sexual Crimes (Special Act on the Protection of Children and Juveniles from Sexual Crimes; (4) Defendant B and C took advantage of the fact that the victim violated the Act on Special Rape; and (5) Defendant A's order to engage in Rape of the victim's sexual Crimes (Special Act on Punishment of Rape).