성폭력범죄의처벌등에관한특례법위반(특수강간)등
The first original judgment shall be reversed.
A defendant shall be punished by imprisonment for a maximum term of two years and six months, and a short term of two years.
For the defendant.
1. Summary of grounds for appeal;
A. The court below found the defendant and the respondent for attachment order (hereinafter referred to as the "defendant") guilty of special rape, although the defendant and the respondent for attachment order (hereinafter referred to as the "defendants") did not participate in the conspiracy of rape or rape, the court below convicted him/her of the charges of special rape. The court below erred by misapprehending the facts.
(2) The sentence imposed by the lower court on the Defendant (long-term three years of imprisonment and short-term two years of imprisonment) is too unreasonable.
B. (1) The sentence imposed by the Defendant (a long-term one year and six months of imprisonment and a fine of 300,000 won) is too unreasonable.
(2) The sentence imposed by the lower court on the Defendant is too unhued and unreasonable.
2. Determination
A. The court of first instance (1) argued that the defendant's mistake of facts is identical to the above argument of mistake in the court of original judgment, and the court below rejected the above argument in detail. In light of the evidence duly adopted and investigated by the court of first instance, the judgment of the court below is just and acceptable. Thus, the defendant's argument of mistake of facts is without merit.
(B) The crime of this case of unfair sentencing is not likely to be committed in light of the subject of the crime and the content of the crime.
However, the defendant is a juvenile of 18 years of age who has no criminal record of the same kind, the degree of the defendant's participation in the crime is relatively not more severe, and this case could be punished for one punishment where he is concurrently tried in relation to the latter concurrent crimes of Article 37 of the Criminal Act with the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive, etc., and the defendant was sentenced to imprisonment with prison labor for a maximum of one year and six months and a short of one year due to the alteration of official documents in the second judgment, and the defendant dismissed the defendant's appeal against the second judgment at the trial as determined below.