The number of crimes in which the defendant et al. conspired to rape three victims, and each one of them was raped to inflict an injury.

In the case where three defendants et al. conspired to rape three victims, and one of them was raped, and the act of the defendants et al. constitutes three rapes and injury resulting from rape according to the number of victims, and each of the above crimes is in a substantive concurrent relationship.

Articles 30, 37, and 301 of the Criminal Act

Defendant

Defendant

Daejeon District Court (82 Gohap219)

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

One hundred and twenty days of detention days prior to the declaration of the original judgment shall be included in the above sentence.

However, the execution of the above punishment shall be suspended for four years from the date this judgment became final.

The summary of the grounds for appeal by the defendant and his state appointed defense counsel is that the sentence of the court below is too unreasonable.

However, we examine ex officio the defendant's criminal facts. The court below held that the defendant conspired to rape with the co-defendant 1, the victim non-indicted 2; the co-defendant 3; the victim non-indicted 1; the victim non-indicted 4; and the victims after rape with each victim; the above so-called crime falls under Articles 301 and 297 of the Criminal Act; the defendant selected a limited imprisonment within the prescribed term of punishment; the defendant is a juvenile under Article 2 of the Juvenile Act; the defendant is punished by imprisonment for a short term of two years and six months pursuant to Article 54 (1) of the same Act; and the defendant is punished by imprisonment for a limited term of three years and a long term of three years. However, even if the actual act of the defendant is about only the victim non-indicted 21; since the defendant conspired to rape with the victim non-indicted 3 and the victim non-indicted 4; the defendant's act constitutes a concurrent crime of imprisonment with prison labor for not more than five years, and thus, the defendant's act constitutes a concurrent crime of unfair sentencing.

Therefore, without examining the grounds for appeal by the defendant, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the members are again decided as follows after pleading.

Since the criminal facts of the defendant recognized as a party member and the summary of the evidence are the same as the time of original adjudication, they are quoted in accordance with Article 369 of the same Act.

The so-called "nomenclatures" in the law, each of which falls under Articles 301, 297, and 30 of the Criminal Code, and each of the above crimes is concurrent crimes under the former part of Article 37 of the same Act. Since the above crimes are concurrent crimes under Articles 38 (1) 2 and 50 of the same Act, the punishment for rape injury against non-indicted 2, who is the largest sentence under Article 38 (1) 2 and Article 50 of the same Act was committed, and the defendant was committed concurrent crimes under Article 38 (1) 2 and Article 50 of the same Act, and there is a reason to take into account the circumstances of the crime, such as the fact that the defendant was a juvenile who is still under the age that is not yet sentenced to imprisonment with prison labor, and the victims are not subject to the punishment of the defendant, and the defendant is punished under Articles 53 and 55 (1) 3 of the same Act within the scope of the term of imprisonment with prison labor, and the above punishment shall be included within the period of imprisonment under Article 267 of this Act.

It is so decided as per Disposition for the above reasons.

Judge Lee Dong-gu (Presiding Judge)