logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.07.24 2014노242
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

The judgment of the first instance shall be reversed.

Defendants shall be punished by imprisonment for four years.

gallon lusium 4 increase.

Reasons

1. Summary of grounds for appeal;

A. With respect to special rape under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against the Defendants, the first instance court erred by misapprehending the legal principles on the guilty of the Defendants of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special rape) by misunderstanding of facts against the rule of experience and dependent on the statements of the victims who are not reliable.

B. The sentence of imprisonment (six years of imprisonment and forty hours of completion of sexual assault treatment programs) on Defendant B of the first instance court (Defendant B) is too unreasonable.

2. Judgment on the defendants' assertion of mistake of facts

A. The gist of this part of the facts charged in this part of the judgment of the appellate court is that between September 21, 2013 and around 07:00 to September 21, 2013, Defendants A and B committed rape with the victim by having the victim do not resist against the victim by taking the victim’s descendants. The Defendants A and B committed sexual intercourse with each victim once, and G committed self-defense with the victim’s chest, thereby committing rape with G.

Since the victim brought a drinking place from the night before the occurrence of the crime of special rape in this case, it is difficult for the victim to take a drinking place, and drinking, he thought that he would be able to do so and entered the house of the defendant A along with the defendant's happiness. Although the victim told that he was forced from the defendant's daily rape, he was forced to get off his arms, and he did not make any resistance at the time of the crime, because it is too difficult and difficult to avoid it, and there was no force, and even after the crime, he thought that he would escape from the situation.

arrow