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(영문) 서울고등법원 2017.01.13 2016노2651
강도상해등
Text

The judgment below

Of them, the guilty part against Defendant C and the person who requested an attachment order.

Reasons

1. The lower court dismissed the prosecution against Defendant C regarding intimidation among the facts charged in the instant case, and determined that the remainder of the facts charged was guilty.

Accordingly, as to the guilty portion, the prosecutor appealed from all the judgment of the court below, and the prosecutor did not appeal as to intimidation.

Thus, although the dismissal part of the above public prosecution which is not considered as the ground for appeal is also transferred to the appellate court, that part is already excluded from the object of attack and defense between the parties, and is de facto relieved from the object of attack and defense, so this part shall be governed by the conclusion of the court below and shall not be determined separately in the appellate court

2. Summary of reasons for appeal;

A. As to the Defendant and the respondent for the attachment order and the respondent A (hereinafter “Defendant A”), coercion and misapprehension of the legal doctrine, and violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Coercive Conduct, etc.), there was no fact that Defendant A, by threatening the victim M, did not cause the said victim to put his/her name and clothes, and forced the said victim to engage in sexual traffic.

B) As to the violation of the Punishment of Violences, etc. Act (joint confinement), Defendant A did not suppress the above victim M by preventing the victim M from escape. Even if the above defendant had prevented the victim from escape, the above defendant detained the victim.

Even if such a suppression, it does not deprive the above victim of his or her physical freedom to the extent of the crime of confinement.

C) As to robbery injury, Defendant A did not have an intention to forcibly receive money from the injured U.S.

D) As to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special rape), the first sexual relationship between Defendant A and the Victim AH was agreed upon by the said victim, and the said Defendant did not intentionally rape the said victim.

(ii)..

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