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(영문) 광주고등법원 2015.11.19 2015노443
성폭력범죄의처벌등에관한특례법위반(특수강제추행)
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

except that, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In other words, the Defendant conspired with E to commit an indecent act by force only when the Defendant alone committed an indecent act by force against the victim.

In addition, E's speech does not constitute intimidation in the crime of indecent act by compulsion.

Nevertheless, the lower court erroneously determined that the Defendant committed indecent act by compulsion against the victim in collaboration with E.

Therefore, the judgment of the court below is erroneous by misunderstanding of facts and misunderstanding of legal principles.

B. The lower court’s imprisonment (two years and six months of imprisonment) on the ground of unreasonable sentencing is too unreasonable.

2. Determination

A. On December 31, 2014, the Defendant and E, in the summary of the facts charged, indicated that the Defendant and E are waiting for the victim to take advantage of the fact-finding and misunderstanding of legal principles. On December 31, 2014, the Defendant and E, within H E E E-cub passenger car parked in front of G main points located in G-dong, G-dong, Gwangju, provide alcohol together to the victim I (the 22 years old), and allow the victim to board the said vehicle, and they were seated at the front seat, and they would be waiting for the victim to take off the 3rd and 1st e-mail "," and the e-mail number list. The Defendant, while standing in the back seat, was unable to get the victim to take off his house, was not allowed to get off the victim's panty, and were not required to take a comprehensive action of the victim, and were not required to have an objective and indirect action of the victim, and were not required to take part in the victim's e-mail or an objective action.

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