성폭력범죄의처벌등에관한특례법위반(특수준강간)등
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for three years.
except that this judgment.
1. The summary of the grounds of appeal (e.g., imprisonment with prison labor for each of the Defendants, with prison labor for a period of five years suspended execution, and for a period of 80 hours in sexual assault therapy) that the lower court sentenced the Defendants is unreasonable.
2. Before the judgment of the prosecutor's ex officio on the grounds for appeal against Defendant A, Defendant A was ex officio examined, and at the time of the decision of the court below, Defendant A was mitigated for juvenile crime because Defendant A fell under "juvenile" under Article 2 of the Juvenile Act at the time of the decision of the court below, but it is apparent that Defendant A was no longer a juvenile under the age of 19. As such, the part on Defendant A among the judgment of the court below that sentenced Defendant A to a punishment within the scope of the punishment for juvenile crime mitigation as above is no longer maintained.
3. The crime of this case against Defendant B is a case of rape committed jointly by the Defendants by using the victim’s age, intelligence index, suffering from stimulative dynamic disorder, and suffering from her ability to resist due to alcohol. In light of the circumstances and content of the crime, the crime is very serious in light of the crime, and the victim seems to have suffered serious mental shock due to the crime of this case and refused psychological treatment, recognition function treatment, etc. that he had been received before, and seems to have not been out of mental shock and pain, such as the withdrawal of the school madozer, etc. where he had been refused to undergo the crime of this case, there is a need for a strict punishment corresponding to the criminal liability against Defendant B.
However, on the other hand, Defendant B appears to have recognized the instant crime and committed a mistake in depth, Defendant B appears to have committed the instant crime contingently, Defendant B was not subject to criminal punishment for the same kind of crime before, Defendant B was not subject to criminal punishment for the same crime, and Defendant B was paid an agreed amount to the victim and the victim was punished by agreement with the victim.