(영문) 서울고등법원 2013.07.25 2013노1255 | 리걸엔진

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(영문) 서울고등법원 2013.07.25 2013노1255

성폭력범죄의처벌및피해자보호등에관한법률위반(특수강간)

Text

All the judgment below is reversed.

Defendant

A shall be punished by imprisonment for six years.

Defendant

Information A for 10 years.

Reasons

1. Summary of grounds for appeal;

A. In full view of the facts leading up to the instant crime, the circumstances agreed upon by Defendant A and the victim, etc., the lower court’s imprisonment (six years of imprisonment) is too unreasonable.

B. Defendant B (In fact-finding Claim) did not rape the victim in collaboration with Defendant A, and Defendant A’s statement consistent with the facts charged is difficult to believe, and there is an error of misunderstanding of facts in the judgment of the court below which found Defendant B guilty.

C. In light of the content of the instant crime and the records of the Defendants, the lower court’s sentence (Defendant A: 6 years of imprisonment and Defendant B: 7 years of imprisonment) is too uneased and unreasonable.

2. We examine ex officio (Defendant A) or according to Defendant B’s assertion, “whether Defendant B participated in the instant crime.”

A. On July 17, 2004, the Defendants: (a) around 23:00 on July 17, 2004, on the road near Gangnam-gu Seoul, the victim G (V, 21 years old) was under the influence of alcohol to walk on the road; and (b) had the victim forced rape on the vehicle.

Defendant

B, according to the vehicle, the victim who was deprived of from the vehicle would prevent the victim from leaving the victim's body with only one hand, and prevents the victim from leaving the victim's body. The defendant A driven the vehicle to the area where the victim and B are located, and the defendant B left the vehicle to the rear seat of the vehicle, and the defendant B forced the victim to board the vehicle to the back seat of the vehicle and became aware of the head. The defendant A stopped the vehicle on the side side of the dial road of Gangnam-gu Seoul on the same day by driving the vehicle with the victim aboard the vehicle as above at around 23:20.

Defendant

B At all times, the victim’s intimidation that “I will only die if I wish to die. I will see the horses.” so far as I would not resist the victim, she shall be placed on the back of the vehicle, and shall be off and panty.

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