성폭력범죄의처벌등에관한특례법위반(특수강간)등
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for three years.
except that for 4 years from the date this judgment becomes final.
Summary of Grounds for Appeal
The punishment sentenced by the court below against the defendants (three years of imprisonment) is too unreasonable.
Judgment
The Defendants sexual intercourse with the victim in a state of impossibility to resist under the influence of alcohol, and taken the process as a dynamic image. In light of the background and content of the crime, the crime is very bad, and the victim seems to have suffered a huge physical or mental suffering due to the crime of this case, etc., are disadvantageous to the Defendants.
On the other hand, there is no history of criminal punishment against Defendant A, Defendant B has no history of criminal punishment or any history of punishment exceeding a fine, and the fact that the Defendants agreed with the victim and the victim do not want the punishment of the Defendants, which is favorable to the Defendants.
In addition, considering the various sentencing conditions shown in the records, such as character, conduct, environment, motive and circumstance of the crime, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below against the defendants is too unreasonable.
Therefore, the defendants' arguments are justified.
In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is justified.
【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts and summary of the evidence recognized by the court are identical to the facts constituting the offense and summary of the evidence, and thus, the summary of the evidence is identical to the facts in each corresponding column of the judgment of the court below.
Application of Statutes
1. Article 4(3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 299 and 297 of the Criminal Act concerning criminal facts, the applicable provisions to the charges in this part of the indictment shall be stipulated in Article 4 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.