성폭력범죄의처벌등에관한특례법위반(특수준강간)
All appeals filed by a prosecutor against the defendant and the respondent for an attachment order and the respondent for a probation order A shall be dismissed.
Summary of Grounds for Appeal
The part of the defendant's case: The sentence imposed by the court below on the defendant and the person subject to a request for an attachment order, the person subject to a request for a probation order (hereinafter referred to as the "defendant"), the defendant and the person subject to a request for an attachment order (hereinafter referred to as the "defendant") B, and the defendant C (the defendant A: three years of imprisonment, five years of suspended execution, etc.; two years and six months of suspended execution, four years of suspended execution, etc.; and the defendant C: fine of KRW 10,000,000, etc.) is too unjustifiable.
It is improper that the court below dismissed Defendant A's request for an attachment order of an electronic tracking device.
It is unreasonable for the court below to dismiss the request for probation order against Defendant A and B in the part of the request for probation order.
The instant crime against Defendant A regarding the judgment on the part of the instant case is an unfavorable circumstance to the Defendant, such as the following: (a) the Defendant, jointly with B, used a state in which the victim could not resist by drinking while drinking; and (b) the liability for such crime is heavy; (c) the sexual humiliation and mental impulse caused by the instant crime appears to have a considerable degree of sexual humiliation and mental impulse; and (d) it appears to have a negative impact on the victim to form a sound sexual values in the future; and (e) the fact that the Defendant is in bad attitude during the investigation process of the instant case, and there are parts that are not favorable to the circumstances after the instant crime.
On the other hand, the defendant recognized his criminal act and submitted repeated rebuttals in the trial, etc. The defendant was a juvenile of 18 years of age at the time of the crime of this case, the defendant was a juvenile of 18 years of age at the time of the crime of this case, and the victim also expressed his intention not to punish the defendant. The father of the victim also maintains the smooth relationship with the defendant and is well in the trial.
The defendant shall be punished.