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(영문) 서울고등법원 2014.02.28 2013노3599
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) There is no fact that the victim was detained. It is true that the defendant forced the victim from the taxi to go to the car of car of car of car of car of car. However, the victim voluntarily taken the victim at the time of the first boarding of the vehicle, and expressed his intention of accompanying with the defendant without expressing his intention to get off the vehicle after getting on the back in the vicinity of the reinforcement. (ii) There was no fact that the victim threatened the victim in the transition, which is a dangerous object, and has been raped after suppressing the resistance.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. 1) We examine the assertion of mistake of facts that the victim did not have been detained. The crime of confinement is a crime that makes it impossible or extremely difficult for a person to leave a specific area with the freedom to act of the person as the protected legal interest of the law, and where it is impossible or extremely difficult for the person to move into a specific area as such, not only physical and tangible obstacles, but also psychological and intangible obstacles, and the essence of confinement is not limited to the means and methods that restrict the freedom of act by restricting the freedom of act, and it does not necessarily need to be completely deprived of the freedom of act of the person under confinement (see, e.g., Supreme Court Decision 9Do5286, Feb. 11, 200). The conclusion of the court below that the defendant detained or was extremely difficult to recognize the victim's freedom of act by taking account of the following facts acknowledged by the aforementioned legal principles and evidence duly adopted and investigated by the court below.

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