성폭력범죄의처벌등에관한특례법위반(특수강제추행)등
All the judgment below is reversed.
Defendants shall be punished by imprisonment for a maximum term of three years and by a short term of two years and six months.
1. Summary of grounds for appeal;
A. Each sentence sentenced by the lower court to the Defendants (two years of imprisonment, two years of short term, one year and six months) is deemed to be too unreasonable.
B. Each sentence sentenced by the court below to the Defendants is too uneasible and unfair.
2. All the Defendants were juveniles, who had no record of criminal punishment, and committed the instant crime at the age of 14 years old only, and have shown the attitude to recognize and reflect the instant crime. There are circumstances that may be favorable consideration in light of the circumstances, such as the fact that the parents of the Defendants deposited a considerable amount of money for the victims, and are leading the Defendants.
However, the crime of this case was committed by the Defendants in collaboration with other accomplices, and the same middle school-friendly arrest victim (the age of 14) committed indecent acts by force by force, such as drinking the victim's chest, gathering the victim's chest into the victim's entrance, drinking the part of the victim, drinking the victim's opinion, leaving the victim who has lost his mind into the female toilet of neighboring commercial buildings without any reason. On the following day, the victim was moving the victim into the above toilet, moving the victim's chest back to the above toilet, suppressing the victim's resistance, leaving the victim's chest into the male toilet, pushing the victim into the male toilet, pushing the victim with the door, and closing the door, so it seems difficult for Defendant B to easily overcome the victim's psychological distress by force, such as indecent acts by force, such as the victim's chest and buckbuck, etc., in light of the attitude and degree of indecent acts and the circumstances after the crime, etc.
Nevertheless, as the case was at issue, the Defendants showed not only a superior appearance to defend themselves for criminal liability, but also a superior appearance to gather criminal liability from the victim.