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(영문) 대구고등법원 2014.06.26 2014노52
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for not less than two years and six months.

However, from the final date of this judgment.

Reasons

Summary of Grounds for Appeal

misunderstanding of facts or misunderstanding of legal principles [the part of paragraph (1) (the part concerning the crime of special quasi-rape (the part concerning the crime committed by the defendant) in the judgment of the court below] Defendant B (hereinafter referred to as “Defendant B”) only made a sexual intercourse with the victim E by giving money to the victim’s male-child appearance, and did not rape with the victim.

Defendant

A (hereinafter referred to as “Defendant A”) observed the scene of sexual intercourse with the victim and asked Defendant B to allow him to have sexual intercourse with the victim through Defendant B. However, it was merely stated in the judgment of the court below that Defendant A claimed that “the victim was able to have sexual intercourse with the victim,” and that “the victim was 100,000 won, such as taxi and telecom, which he assumed, and returned 10,000 won, such as taxi and telecom, which he assumed, and did not participate in rape with the victim by means of threatening E, as described in paragraph (1) of the criminal facts.

(B) The lower court found the Defendants guilty of the charge of rapeing the victim of the crime under paragraph (2) on the following grounds: (a) the Defendants committed a crime under paragraph (2) among the facts constituting the crime. Nevertheless, the lower court erred by misapprehending the legal doctrine on the charge of rapeing the victim.

The sentence imposed by the court below on the Defendants (five years of imprisonment) is too unreasonable.

On June 8, 2013, the summary of the facts charged in this part of the Defendants’ assertion of mistake of facts or misapprehension of the legal principles were as follows: (a) the Defendants, along with D with D and his/her work-free, E, and F, transferred alcohol to the Helel 501 located in G on June 9, 2013; (b) around 02:00 on September 9, 2013, the Defendants moved to the place to the Helel 501 located in G; (c) the victims I (n, 14 years old) female job-care victim I and her female-friendly Gu were able to be

While the Defendants want to continue to have sexual intercourse with the victim and his/her female-friendly ward to E while drinking together with the victim's daily behaviors, they want to receive the request from E to continue to do so.

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