(영문) 서울고등법원 2014.10.30 2014노1688 | 리걸엔진

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(영문) 서울고등법원 2014.10.30 2014노1688

성폭력범죄의처벌등에관한특례법위반(특수준강간)

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The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for four years.

Sexual assault for 80 hours against the Defendants.

Reasons

1. The gist of the grounds for appeal is that the court below's punishment (three years of imprisonment) imposed on the Defendants is too heavy, and the prosecutor appealed respectively on the grounds that the sentence imposed by the court below against the Defendants is too uneasible and unreasonable.

2. The circumstances are as follows: (a) the Defendants’ mistake and reflects the depth of the Defendants; (b) there is no record of criminal punishment against the Defendants; and (c) the Defendants deposited considerable amount of money to the victims during the trial.

However, the crime of this case was committed by the Defendants with high school windows in order to gather the victim who has lost his mind by drinking alcohol, and thus, is very serious. The Defendants committed the crime of this case without taking any measures, such as treating the victim’s body while the victim was in the face while the victim was under the influence of drinking. The Defendants could easily be said to have been subject to heavy mental impulse due to the crime of this case, and thus, are disadvantageous to the Defendants.

In light of the above circumstances and other circumstances and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court and the accused’s age, character and conduct, environment, home environment, and the Supreme Court’s sentencing guidelines [the scope of the recommended sentence] general standards, considering the aggravated area (6 to 9 years) of the crimes of rape (special rape) (6 to 9 years), the punishment sentenced by the court below is deemed unfair because it is too uneasible.

Therefore, the prosecutor's argument is with merit, and the defendants' argument is without merit.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court】 Criminal facts and summary of evidence recognized by the court.

참조조문

-형사소송법 제364조 제6항

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