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(영문) 서울고등법원 2018.01.11 2017노1684
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
Text

The judgment below

The part against Defendant B and A (including the part not guilty for Defendant B) shall be reversed.

Reasons

1. Summary of grounds for appeal;

A. On August 29, 2015, Defendant B asserted that Defendant B’s misunderstanding of the facts in the instant case had ceased to engage in the sexual intercourse before inserting the her sexual organ and inserting the her sexual organ into his or her sexual organ while the Defendant B agreed with U and intended to engage in a sexual intercourse.

At that time, U U was not in a state of resistance.

However, the lower court erred by misapprehending the fact that it found Defendant B guilty of violating the Act on the Punishment, etc. of Sexual Crimes (hereinafter “special quasi-rape”) on August 29, 2015 among the facts charged against Defendant B, thereby adversely affecting the conclusion of the judgment.

2) Defendant A’s assertion of misunderstanding of the facts by Defendant A did not intend to rape the victim R and U on July 6, 2015, and Defendant A did not directly engage in sexual intercourse with H and F on August 17, 2015.

Despite such fact, the lower court erred by misapprehending the fact that each of the facts charged against Defendant A committed a violation of the Act on the Protection of Children and Juveniles against L and U against Sexual Abuse (hereinafter “Attempted rape”) (hereinafter “Attempted rape”) and that all of the special quasi-rapes against the victim U is guilty, thereby adversely affecting the conclusion of the judgment.

3) Whether Defendant E alleged a mistake of facts as to Defendant E by the Prosecutor does not affect the establishment of a special quasi-rape, in agreement with the victim U.S.

Defendant

E In collaboration with F and Defendant B, the fact that the E conspireds to quasi-rape the victim U and the fact that the victim participated is sufficiently proved by the statement of F's investigative agency.

Even so, the lower court erred by misapprehending the fact that the lower court rendered a not guilty verdict of the facts charged against Defendant E, thereby adversely affecting the conclusion of the judgment.

4) Each sentence (Defendant B: Imprisonment with prison labor for three years and six months, completion of a sexual assault treatment program for 80 hours, Defendant A: imprisonment for a maximum of three years, two years and six months, and 80 hours) sentenced to Defendant B and A at each of the original trials. Sexual assault is committed for a maximum of 3 years, two years and six months, and 80 hours.

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