beta
Text
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor of one year and six months and fines of 3,00,000, and Defendant B shall be punished by imprisonment with prison labor of one year and six months.
Reasons
1. Summary of grounds for appeal;
A. Each sentence of the lower court against the Defendants (a long-term of two years, a short-term of one year and six months, a fine of 3,000,000 won, a long-term of two years, a short-term of one year and six months, and an order to complete sexual assault treatment programs against the Defendants for 80 hours against the Defendants) is too unreasonable.
B. The lower court’s punishment against the Defendants by the prosecutor is too unfasible and unreasonable.
2. In light of the fact that the Defendants, at the time when they form sexual identity and values to satisfy their own sexual desire, she leaps the victim (the age of 14 at the time of committing the instant crime) and that the victim became aware of and live with difficult pain to recover throughout their life, etc., the Defendants need to be punished corresponding to such crime.
However, in light of all the circumstances that are the conditions for sentencing as shown in the records and pleadings, including the fact that it is desirable to suspend the execution of punishment and to add appropriate protective measures to the Defendants, rather than sentencing to the Defendants, it is desirable to give the Defendants an opportunity to return to normal society as a member of the society, and that the Defendants did not have any record of criminal punishment, and thus, the lower court’s punishment against the Defendants is unreasonable, considering the following circumstances: (a) the Defendants did not want the punishment of the Defendants by mutual consent with the victims; (b) the Defendants were the only 15 years old at the time of the instant crime; and (c) the Defendants were the only 15 years old at the time of the instant crime.
Therefore, the Defendants’ assertion of unfair sentencing is reasonable, and the prosecutor’s assertion of unfair sentencing is without merit.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is justified.