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(영문) 서울고등법원 2014.07.17 2014노1280
준강간등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and six months.

, however, from the date this judgment becomes final.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the Defendants (two and half years of imprisonment, two and half years of short term, one and half years of short term) is too unreasonable.

2. In light of the contents of each of the instant crimes committed by the Defendants, the nature of the crime is inferior.

However, in full view of the circumstances favorable to the Defendants, including the fact that the Defendants are yet aged juveniles, and Defendant A did not have any history of criminal punishment other than the suspension of indictment due to the crime of practicalization in 2011; Defendant B did not have any history of criminal punishment; Defendant C did not have any history of criminal punishment other than the suspension of indictment due to the crime of attack in 2012; Defendant C did not have any history of criminal punishment other than the suspension of indictment; the victim did not want the punishment of the Defendants by mutual agreement with the victim during the trial; the Defendants’ confession of each of the crimes in this case and reflects their mistake, etc., the court below's punishment is too unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is well-grounded, and the following decision is rendered after pleading.

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of the evidence recognized by the court and summary of the evidence are identical to the facts of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 299 and 297 of the Criminal Act, Article 4(3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 29 and 32(1) of the Criminal Act (the occupation of special rape prevention and the choice of limited imprisonment);

B. Defendant B and C: Article 4 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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