성폭력범죄의처벌등에관한특례법위반(특수강간)
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. Defendant A’s punishment is too unreasonable.
B. Defendant B (1) The Defendant could voluntarily report the instant crime to the investigative agency after committing the instant crime.
2) At the time of committing the instant crime, the Defendant was physically and mentally weak.
3) The sentence of the lower court’s improper sentencing is too unreasonable.
2. Determination
A. As to the Defendant’s assertion, the crime of this case was committed in collusion with Defendant B, which is very bad in the quality of the crime, and the victims suffered a huge shock and mental suffering, etc., which are disadvantageous to the above Defendant.
The above defendant recognized all of the crimes of this case in the court of original trial and divided them, the victims have not been punished against the above defendant by mutual consent with all the victims, and the above defendant has no criminal record of the same kind in addition to the fact that he was sentenced to a fine due to forced indecent act, etc., which are favorable to the above defendant.
In full view of the above points and the above defendant's age, sexual conduct, environment, family relationship, motive, method, and consequence of the crime, various circumstances that are conditions for sentencing, such as circumstances after the crime, and the result of the application of sentencing guidelines by the Supreme Court sentencing committee, the court below's punishment is too unreasonable.
The above argument by the defendant is without merit (the defendant A added a self-denunciation claim at the second trial date of the trial of the first instance, but this is not only the assertion after the expiration of the submission period, but also the above defendant could have engaged in the crime of this case, as seen later.
B. As to the Defendant B’s assertion, the term “self-denunciation” under Article 52(1) of the Criminal Act, which states the reduction of self-denunciation, refers to an expression of intent to seek prosecution by voluntarily reporting the criminal facts to an investigation agency.