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(영문) 대구고등법원 2020.01.29 2019노440
성폭력범죄의처벌등에관한특례법위반(강간등치상)
Text

1. The judgment below is reversed.

2. The imprisonment of Defendant A with prison labor for a maximum of three years and six months, and the imprisonment of Defendant B and C for a short term.

Reasons

1. The summary of the grounds for appeal (the defendant A: imprisonment with prison labor for a maximum of three years and six months, the short of two years and six months, the defendant B and C respectively for a maximum of four years and the short of three years) that the court below sentenced to the defendants is unreasonable.

Defendant

C asserted that there was an error of misunderstanding of facts or misunderstanding of legal principles in the judgment below, but withdrawn the above argument on the second day of this court.

2. The prosecutor of the judgment ex officio held that "the defendant C, after putting the victim's panty and panty off, putting the victim's son over several times within the part of the victim's body, refused to do so, putting his son over his son's resistance against the victim's body, putting his son into the part of the victim's body, and added his son into the part of the victim's sound," among the facts charged in this case, "The defendant put the victim's son into the part of the victim's body, knife his son inside the part of the victim's body, and knife his son inside the part of the judgment of the court below." The defendant's son and the victim's son continued to have changed the victim's son's son's son's son's son and the victim's son's son's son's son's son's son's son."

3. The court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendants' grounds for appeal on the grounds of ex officio reversal, and it is again decided as follows.

[Discied Reasons for the judgment] Criminal facts and summary of evidence recognized by the court, as well as facts constituting a crime.

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