성폭력범죄의처벌등에관한특례법위반(특수준강간)등
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for three years and for two years and six months, respectively.
except that this shall not apply.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendants (Defendant A: Imprisonment with prison labor for three years and six months, and Defendant B: three years) is too unreasonable.
B. It is unreasonable for the lower court to order the Defendants to disclose or notify personal information.
2. Determination
A. In light of the fact that the crime of this case on the assertion of unfair sentencing was committed by the Defendants, under the influence of alcohol, by having the victim in a situation where they are unable to resist, and that the victim appears to have suffered mental impulse and pain due to the crime of this case, the nature of the crime is not good.
However, when the Defendants were in the trial, they were committed the crime of this case, and they were in violation of their depth, and the victim did not want the punishment of the Defendants by mutual consent with the victim.
At the time of committing the instant crime, the Defendants were undergraduates of the age of 19, did not have any criminal power against the Defendants, and the Defendants’ family members were leading and protecting the Defendants.
In addition, in full view of the following factors: (a) all the sentencing conditions shown in the arguments in the instant case, including the age, character and conduct, and environment of the Defendants; and (b) the sentencing guidelines set forth in paragraph (1) of the Supreme Court’s holding of the lower judgment (the scope of mitigation of punishment for imprisonment of three years to five years, and two types (special rape) of the sentencing guidelines set forth in the Supreme Court’s holding of the lower judgment (the scope of mitigation of punishment for imprisonment of five years
Therefore, the above assertion by the Defendants is justified.
B. The instant crime constitutes a sexual crime subject to registration under the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same). The former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, in principle, commits a sexual crime.