(영문) 서울고등법원 2014.03.06 2013노3765 | 리걸엔진

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(영문) 서울고등법원 2014.03.06 2013노3765

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for four years.

A certificate of one cell phone that has been seized.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) The part of the charge of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Rape) under Article 2 of the facts charged by the misapprehension of the legal principle is stated as “the date not specified in April 2013,” and the charge is not specified in this part of the charge, but the lower court convicted Defendant 1 without dismissing the prosecution against this part of the charges. In so determining, the lower court erred

(2) The lower court found the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Special Rape) on the grounds of the victim’s statement without credibility in the victim’s statement. ② In light of the content of the written statement of this case prepared by the victim, the Defendant and the person subject to a request for attachment order (hereinafter “Defendant”) did not constitute a crime of coercion since they made the victim perform a legal obligation against the victim, and made the victim prepare the written statement of this case in order to prevent commercial sex acts, and thus, found the Defendant guilty of a violation of the Punishment of Violence, etc. Act (a collective weapon, etc.) even if illegality was avoided, and ③ even if the Defendant did not photograph out the victim against the victim’s will, the lower court found the Defendant guilty of a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a violation of the Act on the Punishment, etc. of

(3) The sentence imposed by the lower court on the Defendant (five years of imprisonment) is too unreasonable.

B. (1) According to the prosecutor’s statement of the victim of mistake of facts as to the defendant’s case-guilty portion, the court below found the defendant guilty of rape part of the facts charged of this case around February 2013, but acquitted this part of the facts charged. The court below erred by misapprehending the facts.

(2) Of the facts charged in the instant case for which the attachment order is sought.

참조조문

-폭력행위 등 처벌에 관한 법률

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