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(영문) 서울고등법원 2014.02.11 2013노3827
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

The judgment below

The guilty part of the defendant case and the corresponding part of the application for attachment order shall be reversed.

Defendant

A. Imprisonment.

Reasons

1. The lower court dismissed the Defendants’ prosecution regarding the inducement of sexual intercourse with the victim among each of the facts charged in the instant case, and sentenced Defendant A to four years of imprisonment with prison labor and the person who requested attachment order (hereinafter “the Defendant”) to whom the Defendant and the person who requested attachment order (hereinafter “the Defendant”) were sentenced to three years and six months of imprisonment with prison labor.

However, the Defendants and public prosecutors filed an appeal only regarding the convicted portion of the judgment below (the case of the case of the attachment order claim is deemed to have filed an appeal as to the case of the attachment order claim) and the dismissed portion of the public prosecution is divided and confirmed to be the subject of the appeal period. Thus, the scope of the judgment of this court is limited to the convicted portion of the accused case and the attachment order case of the judgment below which

2. Summary of grounds for appeal;

A. Defendant A (1) The Defendant did not have conspired with the Defendant B regarding the facts constituting the crime Nos. 2 and 3 of the judgment of the court below.

(2) In light of the circumstances on the Defendant of unreasonable sentencing, the lower court’s imprisonment (four years of imprisonment) is too unreasonable.

(3) There are special circumstances in which the disclosure or notification of personal information may not be disclosed or notified to the defendant in breach of an order to disclose or notify the personal information.

B. When considering the circumstances against Defendant B, the lower court’s imprisonment (three years and six months of imprisonment) is too unreasonable.

C. In light of the fact that the Defendants planned the instant crime in advance and prepared the implements of the crime, the method and content of the crime, etc., the lower court’s punishment is too uneasible and unreasonable.

3. Determination

A. (1) The statutory penalty for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape) is imprisonment with prison labor for life or for not less than five years before determining the grounds for appeal by the Defendants ex officio, and the statutory penalty for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Rape) is not more than five years.

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