성폭력범죄의처벌등에관한특례법위반(특수강제추행)등
All judgment of the court below shall be reversed.
Defendant
(O) The maximum of six years of imprisonment, the short of four years, and the defendant B shall be sentenced to four years of imprisonment.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (as to the lower court’s judgment, Defendant O, P, Q, R, and S (as to the Defendant’s 1’s maximum term of seven years, five years, five years, etc., Defendant P, Q, four years, three years, six years, etc., Defendant R, three years, three years, six months, and six years, respectively, and three years, etc.) is too unreasonable.
B. Defendant B and A (as to the judgment of the court below in 1 and 2), Defendant B’s punishment (as to the maximum of 4 years of the court below, 3 years and 6 months of the short-term, 6 months of the court below, 4 months of the short-term, and 4 months of the short-term) declared by each court in 20
(2) The punishment sentenced by each court below of Defendant A (the maximum of four years, the short of three years, and the short of six months, and the short of four months) is too unreasonable.
2. Determination
A. The judgment of the court of first instance and the judgment of the court of second instance against Defendants B and A respectively were sentenced to the judgment of the court of first instance and the judgment of the court of second instance, and each of the above Defendants appealed from the two appeals cases. Accordingly, the court of first and second judgment against the above Defendants were decided to concurrently examine the two appeals cases. Accordingly, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act in the relation of concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the part against the above Defendants among the judgment of the court of first instance and the judgment of the court of second instance
B. (1) Defendant O, P, Q, R, and S (hereinafter the Defendants) made a judgment on the assertion of unfair sentencing (i) the Defendants detained the victim (or 16 years of age), and committed a cruel act, such as inducing the victim from the singing room in Nowon-gu to the AC camping site, and committing an indecent act jointly with the victim by force.
Furthermore, under the brush of mountain, the victim's hair flag, the victim's hair flag, the victim's hair flag, the victim's body is flaged, the victim's body is flaged, the victim's body is flaged, the victim's entrance is flaged, and the victim's glag and brooms used in violence are strongly returned to the extent that the broom flag is cut off.