(영문) 부산고등법원 2020.11.12 2020노324 | 리걸엔진

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(영문) 부산고등법원 2020.11.12 2020노324

성폭력범죄의처벌등에관한특례법위반(특수준강간)등

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All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants A) misunderstanding of facts and misunderstanding of legal principles: (1) the Defendants made a special quasi-rape under the agreement with the victim.

The Defendants are not forced to have sexual intercourse with the Defendant against the victim’s will.

(2) At the time of committing the crime, the victim was aware of, and was not unable to resist.

B) The sentence imposed by the lower court on Defendant A (at least three years and six months of imprisonment) is too unlimited and unfair. (ii) Defendant B: the sentence imposed by the lower court on Defendant B (at least two years and six months of imprisonment, etc.) is too unreasonable.

B. Prosecutor: The above sentence imposed by the lower court on the Defendants is too unjustifiable and unjust.

2. Determination

A. As to Defendant A’s assertion of misunderstanding of facts and misapprehension of legal principles, Defendant A also asserted the same purport as the grounds for appeal on the grounds of misunderstanding of facts and misapprehension of legal principles, and the lower court rejected Defendant A’s assertion on the grounds of the circumstances recognized through the evidence of the judgment, and held that the Defendants forced the victims who were in a state of failing to resist due to the b

In full view of the following circumstances, the above judgment of the court below is just and acceptable in full view of the evidence duly adopted and examined by the court below and the court below.

Defendant

A’s assertion in this part is without merit.

① At the court of the court below, the victim stated to the effect that “I do not agree with the Defendant on the sex relationship between two male and one female,” and that “I do not memory about the situation from the end of the night on November 22, 2019 to the point of being raped from the Defendants.”

The statements of the victim are made in the prosecutor's office of the defendant B and objective as examined below.

유사 판례

-서울고등법원 2016.11.03 2016노1660

-광주지방법원 2010.09.29 2010노1222

-대전지방법원 2015.01.21 2014노745

-부산지방법원 2013.06.28 2013노667

-서울고등법원 2020.03.27 2019노2623