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(영문) 서울고등법원 2014.05.16 2014노386
성폭력범죄의처벌등에관한특례법위반(특수강간)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. In accordance with the summary of the grounds for appeal, including the detailed statement of the victim, the facts charged against the Defendants’ sexual intercourses by suppressing the victim’s resistance and forcing the victim to make a sexual intercourse are recognized, the lower court acquitted the Defendants by misapprehending the facts and acquitted the Defendants.

2. Determination

A. The summary of the facts charged was to listen to the victim E (Woo, 15 years of age)’s sexual intercourse with the other male friend, and to the Defendant B’s house located in the F apartment No. 103 Dong 1801 in South Yangyang-si, and planned to engage in a sexual intercourse with the victim.

At around 15:00 on January 30, 2013, the Defendants: (a) had been playing together with Defendant B’s house at the same time, G, and H had another f apartment 103 front of the said F apartment 103 front of the said F apartment 103 front of the said 103 front of the said 103 front of the said 103 front of the said 103 front of the said apartment 103 front of the said 103 front of the said 1801; and (b) had the victim go back to the house of Defendant B, and had the victim go to the purport of the said son; (c) however, the victim refused it, opened the front door, opened the front door, and made a dancing with the victim’s forced entrance; and (d) had the victim repeatedly rejected the victim’s refusal, and had no other way to request the victim to have sexual intercourse against the said 1st of the said G.

Defendant B continuously waited outside of the above room, after completing the sexual relation with the victim, left the victim's panty, and had sexual intercourse with the victim by inserting his sexual organ into the victim's negative part, and let the victim enter his sexual organ as soon as possible.

Accordingly, the defendants are combined.

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