아동ㆍ청소년의성보호에관한법률위반(준강간)등
The judgment below
The part against the Defendants is reversed.
Defendant
A Imprisonment for three years, each of the defendants B, C, and D.
The summary of the grounds for appeal is too unreasonable (five years of imprisonment for Defendant A, and five years of imprisonment for Defendant B, C, and D).
Judgment
Defendant
A, B, and C drinked only 15 years of age, and they attempted to have sexual intercourse with a juvenile who was under the influence of alcohol by the juvenile, and the juvenile attempted to have sexual intercourse with the juvenile. A, B, and C conspired to put the juvenile's fingers in the sexual organ of the juvenile, and the defendant A took the criminal scene of the crime, such as the act of similarity using smartphones.
Defendant
A and C jointly assaulted other juveniles regardless of drinking together.
Defendant
D has been at the place of crime later, and sexual intercourse with a juvenile who has been under the influence of alcohol after being off his clothes.
Defendant
A, B, and D have repeated the theft crime during the period of investigation into sexual assault crimes, etc.
As such, each of the crimes committed by the Defendants in this case is deemed to be bad, and among the crimes committed by Defendants A, B, and C is more bad.
In particular, each of the above crimes of sexual assault seems to have suffered serious mental suffering as well as the victim's family members.
Defendant
A, B, and C have the record of juvenile protective disposition, etc. at least twice including protective observation.
Such circumstances are disadvantageous to the Defendants.
On the other hand, while each of the parents of the defendant's parents has paid a considerable amount of agreement even in the absence of a settlement agreement with the court during the trial, the victim of sexual assault and his family members were employed by the defendants by borrowing a letter.
The victims of theft, except one person, have already been prepared during the first instance trial.
Defendant
D There is no history of crime as well as once the suspension of indictment.
Defendants are likely to improve their personality and behavior as an adult person, and are against their mistake.
These circumstances are favorable to the Defendants.