성폭력범죄의처벌등에관한특례법위반(특수준강간)등
The judgment below
The part against the Defendants is reversed.
Defendants shall be punished by imprisonment for three years.
except that this shall not apply.
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court to the Defendants (the punishment of Defendant A 6 years of imprisonment, the imprisonment of Defendant B 5 years, and the orders to complete sexual assault treatment programs for each of the Defendants 80 hours) is too unreasonable.
B. Since there are special circumstances that a defendant A may not disclose or notify personal information to the defendant A, ordering the court below to issue an order to disclose or notify personal information to the defendant A is unreasonable.
2. Determination
A. The crime of photographing the victim by using the special quasi-rape and camera, etc. of this case (hereinafter “the crime of this case”) was committed by the Defendants, on the basis of the fact that the victim was under the influence of alcohol and did not resist, and sexual intercourse with the victim in sequential order, and the victim was taken against the victim’s will. The crime’s nature and method of crime was very poor, and the victim caused a sense of sexual humiliation due to these crimes by the Defendants, etc. are disadvantageous to the Defendants.
However, in the first instance trial, the Defendants were aware of all the crimes of this case, and the mistake is seriously against the Defendant. The victim submitted to the trial court a written agreement and a written application stating that the Defendants would not want the punishment of the Defendants and would return to the Defendant’s home. Defendant A did not have any criminal record of the same kind or suspended execution, Defendant B was the primary offender, and Defendant B’s family members and branch members appeal against the Defendant’s wife while protecting and leading the Defendants, and there is a relatively strong social relation with the Defendants. The fact that Defendant B had a child to support the Defendant B is favorable to the Defendants.
In addition, the above circumstances and the Defendants’ age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.