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(영문) 서울고등법원 (춘천) 2019.09.18 2019노77

성폭력범죄의처벌등에관한특례법위반(특수준강간)등

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[Defendant-Appellant A] The part of the judgment of the court below on the defendant's case shall be reversed.

Reasons

1. Summary of grounds for appeal;

A. As to the criminal facts in the judgment below, Defendant A, B, and C1 of the person against whom the attachment order was requested (hereinafter “defendants”), Defendant A, and C1 of the court below’s sentence (hereinafter Defendant A’s imprisonment with prison labor for three years and six months for Defendant C, and one year and six months for Defendant C), the court below found the Defendant guilty of the Defendant’s constructive rape of the minor against the Defendant, even though the Defendant was investigated by the police and was unaware of the fact that Defendant B (the fact-finding, and unfair sentencing) was less than 13 years old, and was unaware at the time of the commission of the crime, in relation to the criminal facts in the judgment of the court below, the Defendant was found guilty of the Defendant’s punishment (the judgment below erred by misconception of the facts) (the imprisonment with prison labor for a maximum term of four years and six months, and the short term of three years and six months).

B. The lower court’s sentence against Defendant A and B is too unhued and unreasonable.

2. Judgment on Defendant A

A. The part of the Defendant case is a case where the Defendant, in collaboration with B, had sexual intercourse with the victim I, who was unable to resist due to alcohol, and the nature of the crime is bad and bad, and the victim I, whose sexual values have not yet been established due to the instant crime, seems to have suffered considerable physical and mental pain, etc. are disadvantageous to the Defendant.

However, the Defendant’s confession and reflect, and the Defendant was relatively 18 years old at the time of the instant case, and there was no record of criminal punishment other than juvenile protective disposition, and the Defendant was detained in the instant case for up to one year, and the Defendant was detained in the instant case for up to one year, and the Defendant agreed with the father and father who is the person with parental authority over the victim I and the victim. In addition, considering the overall circumstances revealed in the instant trial process, the Defendant’s age, character and conduct, family relationship, environment, etc., as a whole.