아동ㆍ청소년의성보호에관한법률위반(준강간등)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.
Defendant .
1. Summary of grounds for appeal;
A. Defendant A’s punishment sentenced by the lower court to the above Defendant (one year of imprisonment with prison labor for a maximum of four years, a short of three years) is too unreasonable.
B. Defendant B’s imprisonment (three years of imprisonment) sentenced to the above Defendant is too unreasonable.
2. Determination
A. Before the judgment on the grounds for appeal against Defendant A as to the part of the judgment on the grounds for appeal against Defendant A, the Defendant, as Jins, was sentenced to an irregular term of punishment as being a juvenile under Article 2 of the Juvenile Act at the time of the judgment of the court below, but it is apparent that the Defendant became adult at the time of the judgment of the court below. As such, the judgment of the court below which sentenced the Defendant to the foregoing in
B. In full view of all the sentencing conditions shown in the argument of this case, including the above defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., including the circumstances unfavorable to the above defendant, such as the victim who was merely 16 years of age in the same opportunity and the victim suffered considerable mental or physical pain, and the fact that the above defendant was divided into the above defendant's wrong facts, and the victim's punishment is not imposed, and the victim's sexual intercourse with the above defendant and the victim's body part is more poor, etc., and the above defendant's favorable circumstances are more favorable to the above defendant, the above defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the sentence of the above defendant is too unreasonable.
3. Accordingly, the part of the judgment below against Defendant A in its judgment is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act, and it is so decided as follows.
Criminal facts
The summary of the evidence and facts charged against the Defendants and the evidence recognized by this court.