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(영문) 서울고등법원 2019.08.23 2019노1004
성폭력범죄의처벌등에관한특례법위반(강간등치상)등
Text

The judgment below

The guilty part (including the acquittal part of the reason) shall be reversed.

Defendant

A Imprisonment with prison labor for a year and for a defendant B.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) The Defendants committed a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against the Defendants (the part not guilty in the grounds) (the part not guilty) are in a temporal and temporary cooperative relationship with the victim when having sexual intercourse with the victim by taking advantage of the victim D (the victim’s failure to resist age 19).

Nevertheless, the lower court recognized Defendant A only the crime of quasi-indecent act by force, Defendant B only the crime of quasi-indecent act by force, and found the Defendants not guilty on the charge of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against the Defendants.

Therefore, the judgment of the court below on this part against the defendants is erroneous in misconception of facts and misapprehension of legal principles.

B) The victim L (the not guilty part)’s statement that corresponds to the facts charged in this part of the indictment is recognized as reliable, consistent, etc., and considering the evidence submitted by the prosecutor, such as the victim’s statement, etc., the court below acquitted the Defendant of this part of the facts charged, but the court below acquitted the Defendant of this part of the charges. The court below erred in misunderstanding of facts. 2) The sentence (the defendant A: imprisonment with prison labor for one year, etc., and the defendant B: four years, etc.) sentenced by the court below on unreasonable sentencing (the defendant A: imprisonment with prison labor for one year, etc.) is too unreasonable.

B. Defendant A misunderstanding of facts: (a) Defendant A, while carrying out the so-called “competing mountain” game in which drinking alcohol together with the victim D is increasing the strength of skin, he was engaged in an indecent act on the victim’s timber and chest; (b) the victim did not have committed an indecent act as soon as the victim’s timber and chest by taking advantage of the victim’s state of refusal to resist due to drinking by the victim. (c) Defendant A’s punishment (one year of imprisonment, etc.) sentenced by the lower court on the unfair sentencing of the Defendant is too unreasonable.

C. Defendant B’s imprisonment with prison labor for 4 years sentenced by the lower court.

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