성폭력범죄의처벌등에관한특례법위반(특수강간)등
Defendant
In addition, the appeal by both the claimant for the protection order and the prosecutor is dismissed.
The summary of the grounds for appeal in the part of the case against the defendant (unfair sentencing) and the requester for the observation order to protect the defendant (hereinafter referred to as the "defendant") are too unreasonable (i) each punishment (the imprisonment of three years, three years, and three years, and the personal information of the defendant B. The imprisonment of two years and six months, and forty hours, and the disclosure and notification of personal information between the three years) by the court below.
Each of the above types sentenced by the court below by the public prosecutor is too uneasible and unfair.
It is unfair that the lower court ordering Defendant A to undergo a protective observation for a period of two years in the part of the claim for protective observation order.
Considering the fact that the Defendants are highly likely to recommit sexual crimes, the lower court ordering the Defendants to observe the protective observation only for two years, which is the most short term, and dismissing the Defendants B’s request for the protective observation order.
Judgment
We also examine the Defendants and the Prosecutor’s respective arguments regarding sentencing.
Examining the various sentencing conditions in the instant case, the Defendants showed the attitude of both recognizing and reflecting in depth the Defendants’ mistake; all the Defendants are undergraduate students and 20 young children; Defendant A did not have any specific criminal punishment except for those punished twice by fine; Defendant B did not reach an agreement with the victim; however, there may be some consideration of the Defendants’ serious intent and effort to commit and agree with the victim of a joint rape; in light of the circumstances leading up to the crime of joint rape, the degree of participation in Defendant B is minor rather than Defendant A; Defendant B suffers from chronic liver infection.
However, the Defendants are only 14 years of age on February 2017 and on April 17, 2017.