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(영문) 서울고등법원 2014.11.20 2014노2110
준유사강간등
Text

The judgment below

Among the parts on Defendant A and Defendant B, the part on Defendant A and Defendant B shall be reversed.

Defendant

A Imprisonment for two years, and Defendant B.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence (two years of imprisonment with prison labor for the defendants A and three years of imprisonment for the defendants B) declared by the court below to the defendants.

2. The judgment ex officio (as to Defendant A), prior to the judgment on the grounds for appeal by Defendant A, the prosecutor received ex officio the key of the mother room in which the victim was divingd. As such, the prosecutor received the key of the mother room in which the victim was divingd, and the prosecutor received the application for permission to amend the amendment of the indictment from Defendant A to “from around 03:01 to 03:24, Jan. 16, 2014, the victim was expected to have been in a hotel with the victim.” Thus, the part of the judgment below to the effect that the Defendant was unable to obtain permission to amend the amendment of the indictment from around 03:01 to around 03:24, Jan. 16, 2014.

3. The instant crime committed by Defendant B, in combination with the Defendant C, intended to have sexual intercourse or sexual intercourse with the victim by taking advantage of the victim’s state of refusal to resist, who has lost mind by drinking alcohol, and the nature of the relevant crime is bad, and the victim seems to have suffered serious psychological impulse and pain due to the instant crime, etc., are disadvantageous to the Defendant.

However, there is no particular record of criminal punishment against the defendant, the defendant confessions the crime of this case and is in violation of depth, and the victim does not want the punishment by mutual consent with the victim during the trial, and the defendant is currently 20 years old and is relatively old and his parents' intent to protect is very strong, so there is a considerable room for improving character and behavior, and the defendant is family register.

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