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(영문) 서울고등법원 2014.07.24 2014노820
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

The judgment below

Of the defendant's cases against Defendant B, the conviction part among the defendant's cases shall be reversed, and the defendant A shall be subject to August 2009.

Reasons

[Adjustment of the order of the defendant and the facts charged] The court below's conclusion Nos. 1-B of the facts charged No. 1 of the indictment No.

1-1

A. A. 1-b. 201 of the 2010 Grounds for Appeal of the Defendant guilty of rape, ex officio (e.g., dismissal of the Defendant’s appeal)

2-1

B. From January 2013 to April 201

2. A person guilty of rape in the sentry.

A. A 2-A of the dismissal of the Defendant and the prosecutor who accepted the claim for the dismissal of the non-guilty prosecutor not guilty of the act of similarity between B and B on 2010

1) Article 2-2 of the dismissal of the appeal on August 2009, 2009, which was not guilty of indecent act by force, by force.

(a) The primary trial: (a) The conjunctive court's dismissal of a prosecutor who was not guilty of indecent act by compulsion on January 201, 201; (b) the second ground of the court below's dismissal of a prosecutor who was not guilty of indecent act by indecent act by compulsion on or around January 209;

(b) Subparagraph 2;

B. The primary objective of the trial is to dismiss a prosecutor who is not guilty of rape from January 2, 2010 to February 2, 2010 (Grounds): B of the lower court’s judgment that convicted of rape around January 2009 to February 2, 200

(c) No. 2-

C. The primary objective of the trial: (a) In the case of the lower court’s dismissal of the prosecutor not guilty of quasi-rape on February 2, 2010; (b) In the case of the first instance on February 2, 201, part of the grounds for the lower judgment’s dismissal of the prosecutor not guilty of quasi-rape was partially acquitted (Attempted).

(d) 2-

D. The lower court found guilty of rape on July 201 to August 8, 201.

1. Summary of grounds for appeal;

A. Defendant and the respondent for attachment order B 1) misunderstanding of facts - The guilty part of the judgment of the court below - The defendant and the respondent for attachment order (hereinafter “defendant”).

(2) The judgment of the court below that found the defendant B guilty of the crime of rape even though the victim was raped as stated in this part of the facts charged is erroneous in the misunderstanding of facts. 2) It is improper to find the court below guilty of the crime of rape and to issue an attachment order on the premise that the court below found the defendant B guilty of the crime of rape.

B. Prosecutor - The victim’s statement about Defendant B’s non-guilty part of the judgment of the court below regarding Defendant B in 2010 was consistent and contradictory.

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