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(영문) 서울고등법원 (춘천) 2014.07.09 2014노79
준강간등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for a period of two years and six months, and for a period of two years, respectively.

except that this shall not apply.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the Defendants is too unreasonable.

2. Although there are circumstances such as the Defendants’ sexual intercourse with, or aiding and abetting, etc., under the influence of alcohol, the nature of the crime is very poor, the victims suffered serious mental or physical pain. Nevertheless, the Defendants attempted to conceal their criminal acts by multiple gatherings as objective evidence, such as video recording devices for vehicles or images of closed-circuit television, etc., even if their behaviors were revealed in a white day, and Defendant A tried to find the victim’s workplace after the crime, thereby making the victim in a difficult place. However, there was no history of criminal punishment prior to the instant case; Defendant B did not have the history of criminal punishment prior to the instant case; Defendant B did not have the history of criminal punishment beyond the same crime or fine; the Defendants want the Defendant’s prior wife again in the court of the lower court and the trial; the Defendants resisted the Defendants’ wrong; the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime; and the circumstances after the crime, etc., the lower court’s sentencing sentence is unfair.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited by Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Articles 299, 297, 299, 297, and 32(1) of the Criminal Act of Defendant A (the point of view of quasi-rape)

B. Articles 299 and 297 of the Criminal Code of Defendant B

1. Defendant A: Articles 32(2) and 55(1)3 of the Criminal Act (the crime of quasi-rape and quasi-rape)

1. Aggravation concurrent crimes;

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