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 punishment sentenced by the lower court to the Defendants (Defendant A: four years of imprisonment, and Defendant B’s imprisonment: three years and six months of imprisonment) is too unreasonable.
B. There are special circumstances that may not disclose or notify personal information to the illegal Defendants of the disclosure disclosure order.
It is unfair that the court below ordered the defendants to disclose personal information.
2. Determination
A. The instant crime of determining the illegality of sentencing was committed by the Defendants with sexual intercourses among the victims (15 years) who had been in an incompetuous state under the influence of alcohol, and thus, the nature of the crime is not good.
The victim, who was aged due to the crime of this case, seems to have suffered a considerable mental suffering.
However, the crime of this case seems to have been committed by the Defendants when the Defendants were under the influence of alcohol with the victims, resulting in a dynamic and contingent state, and the Defendants did not seem to have planned to commit the crime in advance.
At the time of committing the instant crime, the Defendants were juveniles of 15 years of age who had not established a proper sexual concept and values. However, the Defendants did not have any record of juvenile protective disposition or criminal punishment for the period of four years after the instant crime, as well as before committing the instant crime.
Although the Defendants denied the instant crime at the lower court’s trial, all of the instant crimes were recognized by the first instance court, and they reflect in depth their mistakes, and their families are also able to avoid the guidance and protection intent of the Defendants.
The defendants agreed with the victim in the first instance, and the victim does not want to punish the defendants.
In addition, in full view of all the sentencing conditions and the scope of the recommended sentencing guidelines for the enactment of the Supreme Court sentencing committee, etc., the sentence imposed by the court below against the Defendants should be imposed.