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(영문) 서울고등법원 2013.08.16 2013노1677

아동ㆍ청소년의성보호에관한법률위반(준강간등)

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the prosecutor’s grounds of appeal (the factual negligence and legal scenario) 1) Defendants’ special quasi-rape (hereinafter “violation of the Special Act on the Punishment, etc. of Sexual Crimes”) with respect to the crime committed against the victims of the crime, etc. (hereinafter “special quasi-rape”) by the investigative authority, etc., it can be said that there was a conspiracy to take the victim G and the victim F into account the victim G as “Ibn" located in Seoul Special Nowon-gu, Nowon-gu (hereinafter “instant female”) and to sexual intercourse with the victims after the victim’s sexual intercourse. The Defendants recommended the victims to continue to engage in the crime even though they refused to do so, so that the victims may have shared the acts of implementation at the time of giving the victims a notice. Thus, it is recognized that the Defendants had sexual intercourse with the victim at the time of the crime of quasi-rape (the “Special Act on the Punishment, etc. of Sexual Crimes, etc. of Specific Crimes”) and that the Defendants had been unable to resist at the time of the crime of quasi-rape.