영리유인등
All the judgment below against the Defendants is reversed.
Defendant
A Imprisonment for two years, and Defendant B for one year.
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below to Defendant A (three years of imprisonment) is too unreasonable.
B. The punishment sentenced by the lower court against Defendant B (three years of probation for two years of imprisonment, three years of probation, and probation) is too unreasonable, and in particular, the taking of sexual assault treatment lectures imposed on Defendant B should be exempted.
2. Determination
A. The Defendant A (hereinafter referred to as the “Defendant”) committed each of the instant crimes in collusion with Co-Defendant B by setting up a plan to take money and valuables from the victim by photographing the sexually related video images, etc. with the Defendant and the victim, inducing the victim to gather, taking the sexual intercourse with the victim, and using them, threatening the victim to use it, and thus, the content of the instant crime is very bad, and the victim seems to have suffered a big mental pain due to the instant crime, and the Defendant again committed each of the instant crimes, even though he had been sentenced to punishment due to the crime in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., (i.e., abduction and inducement).
On the other hand, the circumstances favorable to the defendant include the fact that the defendant recognized all of the crimes of this case, and reflects his mistake in depth, that the criminal conduct is committed in the attempted crime, and that the victim was her wife against the defendant by mutual consent with the victim.
In addition, the sentencing guidelines are set for the defendant's age, character and conduct, environment, motive and background of the crime of this case, the means and consequence of the crime, the circumstances after the crime, and the sentencing guidelines set by the Sentencing Commission of the Supreme Court. However, the sentencing guidelines are not set for the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras) and the crime of attempted crimes
1. Crimes of inducement for profit (decision of type).