성폭력범죄의처벌등에관한특례법위반(특수준강간)
All appeals by the Defendants and the Prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendants (unfair form of punishment) and Defendant B, who were sentenced by the lower court to the Defendants (five years of suspended sentence: imprisonment with prison labor for three years; imprisonment with prison labor for two years and six months) are excessively unreasonable. B. The prosecutor’s sentence (unfair form of punishment) is so unfair that the sentence of the lower court is too unreasonable that it is so unfair. In comparison with the first instance court on July 2, 200, there is no change in the conditions of sentencing compared with the judgment of the first instance, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentence (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendants by comprehensively taking into account all the favorable and unfavorable circumstances for the Defendants
The court below
Recognizing that the circumstances have been appropriately determined in consideration of each subparagraph, the appellate court did not change the conditions of sentencing.
Although Defendants denied a crime at the lower court, and led to confession at the trial court, the Defendants cannot be deemed to be the grounds to mitigate the sentence of the lower court, which sentenced to the suspended sentence of imprisonment, in light of the relationship of evidence.
In full view of these circumstances and the various sentencing conditions stipulated in Article 51 of the Criminal Act, the lower court’s sentencing is not deemed to have exceeded the reasonable scope of discretion given to the first instance court because the sentence is too heavy or unhued. Therefore, it is reasonable to respect the lower court’s sentencing.
Therefore, all the defendants and the prosecutor's arguments are rejected.
3. The appeal filed by the Defendants and the prosecutor is without merit and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.