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(영문) 광주고등법원 2016.04.14 2015노460
성폭력범죄의처벌등에관한특례법위반(강간등치상)
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, Defendant A1, misunderstanding of the legal principles, Defendant A operated an electric drying in mind of the victim's sound after the victim's sexual organ met, but did not intend to commit an indecent act against the victim by using it, and did not commit an indecent act against the victim's chest.

2) The punishment sentenced by the lower court to Defendant A (the imprisonment of three years, the suspension of execution of five years, the order to attend a lecture 40 hours, and the community service 160 hours) is too unreasonable.

3) It is unreasonable for the lower court to order the disclosure or notification of information about Defendant A for a period of five years.

B. Defendant B (1) misunderstanding of the facts, and misunderstanding of the legal principles, Defendant B did not have any criminal intent with Defendant A, and rather, Defendant A did not engage in “I am wrong.”

Inasmuch as Defendant A merely told Defendant A, Defendant B did not have the intention to commit an indecent act by force.

2) The punishment sentenced by the lower court to Defendant B (a prison term of two years and six months, a suspended sentence of three years, an order to attend a lecture 40 hours, an order to provide community service 80 hours) is too unreasonable.

(c)

The above punishment of the court below, which the court below decided against the defendants, is too unhued and unfair.

2. Determination

A. The Defendants asserted that the Defendants did not commit an indecent act against the victim by carrying an electrical drys in the lower court’s judgment, and the lower court rejected the Defendants’ assertion on the grounds that there were various circumstances in the three to twelve parts of the judgment.

Examining the circumstances acknowledged by the lower court in light of the evidence duly adopted and investigated by the lower court and the lower court, the lower court’s judgment is justifiable.

In addition to the following circumstances acknowledged by the above evidence, Defendant A got knife of the victim's chests by spreading the victim's sexual organ part at several times, operating the electric hard, which is a dangerous object, and driving the victim's chests at several times due to fingers.

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