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(영문) 대전고등법원 (청주) 2020.06.25 2020노2
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
Text

All judgment of the court below is reversed.

Defendant

A and Defendant B, respectively, shall be punished by imprisonment for a maximum of three years and six months, and by a short of two years and six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) In the event of misunderstanding of facts and misunderstanding of legal principles as to the facts charged against the victim E, Defendant or the victim specified in subparagraph (a) of each of the items in question are mentioned in the main sentence of the relevant item, the statement of “name” shall be omitted.

On the other hand, in the case of other defendants or victims referred to in the pertinent item, the entry of "defendants" or "victims" shall be omitted, and where there exist special needs such as multiple names, they shall be referred to as "defendants" or "victims".

the victim’s sexual intercourse against the victim’s will.

(In fact, taking the body of the victim into a dynamic image is a crime committed by another Defendants, and the defendant did not participate in the crime (related to taking photographs, such as port camera, etc., of the prosecution). The receipt of the video files taken as above to the defendant's cell phone without recognition by the automatic download function was carried without intention, and thus, there was no intention.

(A) The taking of the body of the victim into motion pictures as part of the facts charged against the victim H was done contingently by other Defendants, and the Defendant did not participate in the proceedings (Article 2-2).

Since then, the Defendant did not know that another Defendants were forced to commit an indecent act against the victim (the fact of prosecution No. 2).

(C) The part of the charge against the victim I was not the victim who was not able to resist, and was sexually related with the victim I's consent. B and C merely put the victim's clothes in line with the victim's order. Thus, the crime was not committed in collaboration with the victim.

The facts charged No. 2-C

(b).

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