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(영문) 서울고등법원 2014.03.27 2013노3782
강도등
Text

Of the defendant's case of the judgment below, the part concerning defendant C shall be reversed.

Defendant

C. A person shall be punished by imprisonment of one year and six months.

Reasons

1. Of the facts charged against the Defendants, the lower court rendered a judgment of not guilty on the charge of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special quasi-rape) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special quasi-rape) and rendered a judgment of conviction on the remainder of the facts charged, and rendered a judgment of dismissing the prosecutor’s request for attachment order against

The part of the judgment of the court below which acquitted Defendant B and the part of the attachment order case against Defendant B and C was already confirmed as there was no benefit in the appeal, and thus, it is excluded from the scope of the judgment of this court.

2. Summary of grounds for appeal;

A. Each sentence sentenced by the court below against the above defendants B and A (the defendant B's imprisonment with prison labor for six years and the defendant A's imprisonment with prison labor for four years) is too unreasonable.

B. Defendant C (1) In the event of mistake of facts, the Defendant committed an indecent act against the victim on a temporary basis as stated in the instant facts charged, but there is no fact that the victim had sexual intercourse.

(2) The sentence of imprisonment (four years of imprisonment) imposed by the court below on the above defendant is too unreasonable.

3. Determination

A. The judgment of the above defendants B and A regarding the argument of this case is divided into and against the wrong facts, the defendant A does not have any criminal records, the defendant B does not have any criminal records of the same kind, the defendant A committed the crime of this case in the state of mental disability of grade II, but it is acknowledged that the crime of this case is bad that the defendants committed sexual intercourse or indecent act with the victim who is unable to resist due to intellectual disability (class I) several times, and there is no change of circumstances after the judgment of the court below, such as that the defendant B was a repeated crime at the time of the crime, and the victim did not reach an agreement with the victim, and that the sentence imposed by the above defendants falls under the lowest limit of the recommended sentence according to the sentencing guidelines of the Supreme Court.

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