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(영문) 부산고등법원 (창원) 2013.07.05 2013노55
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for five years.

The defendant shall be 40 hours.

Reasons

1. Summary of grounds for appeal;

A. In full view of the evidence of mistake of facts, the first instance court erred by misapprehending the fact that the Defendant, even if the Defendant committed indecent act by compulsion of the victim F and sufficiently recognized the fact of quasi-rape, acquitted all of the quasi-rapes. 2) The punishment sentenced by the first instance court of unfair sentencing (one year and six months of imprisonment, etc.) is too uneasible and unfair.

B. The Defendant, with the consent of the victim, committed the rape of the victim, but the first instance court erred by misapprehending the fact that the victim did not rape.

2. Determination

A. On December 14, 201, at around 22:00 on December 14, 201, the Defendant (a summary of this part of the facts charged) committed a victim who prepares for eating and leaving the victim F in the “E” camera on the first floor of the Seongbuk-si D Building in Changwon-si (hereinafter “instant car page”) and the victim who prepares for indecent acts by force against the victim F in the instant car page.

이에 피해자가 위 사무실로 들어오자, 피고인은 양손으로 피해자를 끌어안아 반항하지 못하게 한 후 그 상태로 의자에 앉으면서 자신의 무릎 위에 피해자를 앉히며 손으로 피해자의 몸을 쓰다듬고, 피해자의 옷 속으로 손을 집어넣어 가슴을 주무르고, 피해자의 옷을 걷어 올린 후 젖꼭지를 빨았다.

Accordingly, the defendant committed indecent acts by compulsion against the victim's relatives.

B) On February 11, 2012, around 23:30, the Defendant: (a) taken drinking together with the victim at Kimhae-si G, and brought the victim to a mutual incompet with the victim’s mutual incompet with the intent to report the occurrence of the breath’s desire. On February 12, 2012, the Defendant, at around 01:0, went to the victim to a mutual incompet with the victim. On February 12, 2012, the Defendant, under the influence of alcohol in a room where it is impossible to know the above burging room, was drunk, and had sexual intercourse once with the victim. Accordingly, the Defendant had sexual intercourse with the victim by taking advantage of the victim’s refusal to resist. 2).

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