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(영문) 서울고등법원 2019.03.05 2018노2527 (1)
강간등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

There is no fact that the Defendant had detained victims regarding the part of the crime of heavy confinement against the victim C, and the crime of confinement against the victim F.

The victims had a cell phone at all times so they could request for help from the outside at any time, and they voluntarily lived with the defendant in order to obtain economic benefits even though they had the opportunity to escape from the defendant.

A victim C, who was a relationship with the defendant, was in line with the defendant, and received gifts from the defendant.

The victims sent motion pictures to the automobile theater together with the Defendant, pented them with the pentry, string them in the penta, and her lives freely, such as moving to the peta, making it difficult for the victims to do so.

Nevertheless, the lower court erred by misapprehending the fact that it was found guilty of this part of the facts charged and thereby adversely affecting the conclusion of the judgment.

As to the part of the crime of severe confinement against the victim C and the crime of rape, the Defendant naturally sexual intercourse with the victim C while returning to the victim C, and there was no fact that the Defendant forced sexual intercourse by using the state of confinement of the victim C or by assaulting and threatening the victim C.

Nevertheless, the lower court erred by misapprehending the fact that it was found guilty of this part of the facts charged and thereby adversely affecting the conclusion of the judgment.

With respect to the crime of violating the Act on the Punishment of Acts of Arranging Sexual Traffic to Victims F, the victim F voluntarily committed sexual traffic, and the accused did not force the victim F to engage in sexual traffic.

Nevertheless, the lower court erred by misapprehending the fact that it was found guilty of this part of the facts charged and thereby adversely affecting the conclusion of the judgment.

With respect to the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against the Victim B, the accused shall be the date stated in the facts charged.

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