성폭력범죄의처벌등에관한특례법위반(특수준강간)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
However, for a period of four years from the date this judgment became final and conclusive.
1. The sentencing of the lower court (three years of imprisonment and forty hours of order to complete sexual assault treatment courses) is deemed to be too unreasonable in light of the gist of the grounds for appeal.
2. The instant crime of this case, based on the grounds of appeal, is deemed to have caused the Defendant to spread the victim with C, and used it to have sexual intercourse with the victim, and is not very good to the method of crime and the nature of the crime.
However, in full view of the fact that the defendant was a juvenile of 18 years old at the time of the crime of this case, there was no criminal record or criminal punishment before the crime of this case, that the victim does not want the punishment of the defendant in the trial before the crime of this case, that C, an accomplice, was sent to the Juvenile Department and received the protective disposition, and other various sentencing conditions such as the defendant's age, character and conduct, environment, and circumstances after the crime of this case, the sentencing of the court below is deemed to be too unreasonable, and the defendant'
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The main points of the judgment of the court below are as follows.
Application of Statutes
1. Article 4(3) and (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), Article 299 of the former Criminal Act (wholly amended by Act No. 11574, Dec. 18, 2012);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Criminal Act; Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The defendant under the proviso to Article 38 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) and the proviso to Article 38-2 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall lead a social life.