아동ㆍ청소년의성보호에관한법률위반(준강간등)
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for not less than two years and six months.
, however, from the date this judgment becomes final.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (an order to complete a sexual assault treatment program with a maximum term of three years, two years and six months, and forty hours) is too unreasonable.
2. The Defendants, who did not know of the crime of this case before the crime of this case, drink the alcohol through games, etc., and returned to the apartment rooftop to the victim who was unable to resist due to drinking, and even if considering the fact that the Defendants are yet aged students, the contents of the crime of this case are very heavy and bad, and the victims suffered a serious physical and mental pain due to the crime of this case. In particular, even if Defendant B was placed on board several occasions, he went to commit the crime of this case, such as suspension of indictment and juvenile protective disposition, etc., even though he was taken on board several occasions, it is disadvantageous to the Defendants.
The defendants are living under detention for a period of seven months or more, and they have a deep depth and reflect in depth, and the parents of the defendants have agreed to pay 10 million won to the victims in the course of the original trial, and there seems to be considerable room for all the defendants to live as healthy members of society according to the degree of edification by high school students, and there seems to be only one time of suspension of indictment to the defendants B, two times of juvenile protection disposition, and there is no criminal power for the defendants A, and C, the mother of the victim wanted to repeat the wife against the defendants, the father of the defendant A and the father of the defendant B have been used for the protection and rearing of the above defendants.
In addition, the sentencing of the court below is too unreasonable in light of the following conditions: the defendants' age, character and conduct, environment, motive and background of the crime, degree of participation in the crime, and circumstances after the crime.