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(영문) 서울고등법원 2016.06.10 2016노861
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
Text

The judgment below

The part against the Defendants is reversed.

Defendants shall be punished by imprisonment for two years.

except that this shall not apply.

Reasons

The summary of the grounds for appeal is unreasonable because each sentence imposed by the court below on the defendants (two years and six months for each term of imprisonment and two years for a short term) is too unreasonable.

Judgment

Each of the instant offenses committed by the Defendants is highly likely to be subject to criticism, as they committed sexual intercourse or sexual intercourse in sequence with the victims who were under fourteen years of age at the time, under the influence of alcohol.

In this case, it seems that the victims suffered emotional distress and sexual humiliation were very serious.

In addition, the Defendants and B are not suitable to the circumstances after the crime, such as concealing the criminal facts of Defendant C before the results of the gene test, and making a statement to the investigative agency in preparation for the investigation.

However, all the Defendants have yet to establish a complete sexual concept and values as a high school student who is a juvenile.

It is difficult to see all the Defendants as the primary offender.

From the original trial, the Defendants are against all the confessions of each of the instant crimes from the original trial.

As the Defendants were in the first instance, the victims did not want to be punished by the victims by mutual consent.

In addition, considering the various sentencing conditions shown in the instant pleadings, such as character and conduct, environment, family relationship, and motive and circumstance of the crime, the sentence imposed by the court below on the Defendants is unreasonable.

Therefore, the defendants' argument of sentencing is with merit.

Therefore, the part of the judgment of the court below against the Defendants is reversed in accordance with Article 364 (6) of the Criminal Procedure Act as the appeal by the Defendants is reasonable, and the following is again decided after pleading.

【The Reasons for the new judgment: The part against the Defendants in the judgment of the court below concerning the facts constituting the crime and the summary of the evidence recognized by the court below and the summary of the evidence are as stated in each corresponding column of the judgment below. Thus, Article 369 of the Criminal Procedure Act is applicable.

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