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(영문) 대법원 2018.4.10.선고 2018도2666 판결
가.성폭력범죄의처벌등에관한특례법위반(강간등치상)·다.성폭력범죄의처벌등에관한특례법위반(카메라등이·용촬영)·다.성폭력범죄의처벌및피해자보호등에관한법률위반·(강간등상해)·라.성폭력범죄의처벌및피해자보호등에관한법률위반·(주거침입강간등)
Cases

A. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Bodily Injury resulting from Rape, etc.)

(c) Violation of the Act on Special Cases concerning the Punishment of Sexual Crimes;

Gamgraphing

(c) Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims;

(Rape, Injury by Rape, etc.)

(d) Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof;

(Housing Rape, Rape, etc.)

Defendant

(A)

A

2.(a)(b)

A person shall be appointed.

3. (a) (c) ;

A person shall be appointed.

Appellant

Defendants

Defense Counsel

Attorneys CA (Law No. 1000,000)

CB (for Defendant B)

CC, CD, CE

Judgment of remand

Supreme Court Decision 2017Do6594 Decided October 26, 2017

Judgment of the lower court

Gwangju High Court Decision 2017 - 474 decided January 29, 2018

Imposition of Judgment

April 10, 2018

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Examining the evidence duly adopted and examined by the lower court and the first instance court in accordance with the purport of the judgment remanded, the lower court was justifiable to have determined that all of the charges of this case against the Defendants were guilty on the grounds indicated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the degree of proof of criminal facts, co-principal, co-principal, joint principal, and attempted abandonment

Examining various circumstances that form the conditions for sentencing as shown in the records, such as the Defendants’ age and environment, relationship with the victims, motive, means and consequence of each of the instant crimes, the circumstances after the commission of the crime, etc., the lower court cannot be deemed to be too unreasonable to sentence Defendant A with imprisonment of 10 years with prison labor, 12 years with prison labor for Defendant B, and 15 years with prison labor for Defendant C.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Jae-young

Justices Min You-sook

Justices Kim Jae-tae

Justices Jo Hee-de

Justices Kim Jae-in

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