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(영문) 서울고등법원 2014.06.20 2014노794
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for three years.

, however, from the date this judgment becomes final.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) At the time of the crime described in Article 2-A (A) of the decision of Defendant A, Defendant B was in compliance with the fact that Defendant B had sexual intercourse with the victim F at the time of committing the crime, and there was no record that Defendant B had sexual intercourse with the victim F. However, Defendant B had sexual intercourse with the victim F. However, there was no fact that Defendant B had sexual intercourse with the victim, but committed the crime with Defendant A under the recognition that there was the above victim’s consent.

In addition, No. 2-C.

The crime described in paragraph (1) was committed before the victim appears to have acted against and has retired from the crime before the insertion.

B. The sentence imposed by the court below on the Defendants is too unreasonable.

2. Determination

A. The Defendants argued to the same effect as in the judgment of the court below. As to the above, the court below consistently stated that ① the above victim made a consistent statement from the police investigation process to the court of the court below that he was taking his bridge when he had sexual intercourse with Defendant B in this case, and the above victim did not have any special motive or reason to make a statement only with this part in a false or erroneous manner, and in light of the statement attitude in the court of the court below and the pen culture of the statement in the court of the court below, the above statement is deemed to be reliable. ② Defendant B stated in the police that “I, after the first sexual intercourse, Defendant A committed a shower at the original room toilet of this case, that “I would have abused the above victim after the first sexual intercourse with Defendant B, I would have suffered a shower from the above victim’s sexual intercourse with the above victim,” and Defendant A also stated in the police station that “The above victim and the victim stated in the court of the court of the court below to the effect that they had sexual intercourse with Defendant B at the time of the investigation.”

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