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(영문) 서울고등법원 2013.03.28 2013노80
준강간방조
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for two years and for three years, respectively.

(2).

Reasons

1. The summary of the grounds for appeal is too unreasonable in light of the following: (a) the Defendants were able to repent and reflect their mistakes in depth; and (b) the Defendants were minor persons; (c) the sentence of the lower court (defendant A: four years of imprisonment; and (d) six years of imprisonment) is too unreasonable.

2. The crime of this case was committed by the Defendants with sexual intercourse or aiding and abetting the Defendants by taking advantage of the victim’s failure to resist, under the influence of alcohol, and is not good.

However, in full view of the following factors: (a) the Defendants’ perception of the mistake was already divided in depth; (b) the Defendants paid the agreed amount and agreed with the victims; (c) the Defendants were minors who had no record of criminal punishment or suspended indictment for a minor offense; (d) the Defendants committed the instant crime under the influence of alcohol; and (e) the Defendants committed the instant crime by contingency; and (e) the Defendants’ age, character and conduct, environment, family relationship, motive and background of the crime; (e) method and consequence of the crime; and (e) the recommended sentences in the sentencing guidelines for the enactment of the Sentencing Committee by the Supreme Court; and (e) other factors, such as the Defendants’ age, character and conduct, family relation, motive

Therefore, the Defendants’ assertion of unreasonable sentencing is justified.

3. As such, the defendants' appeal is reasonable, and it is reversed pursuant to Article 364(6) of the Criminal Procedure Act and it is decided as follows.

Criminal facts

The summary of the facts and evidence recognized by the court is identical to each corresponding part of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant A: Articles 299, 297, and 32(1) of the Criminal Act

B. Defendant B: Articles 299 and 297 of the Criminal Act

1. Assistance and mitigation (Defendant A) Article 32 of the Criminal Act

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