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(영문) 대전고등법원 2015.07.10 2015노45
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
Text

Of the judgment of the court below of first instance, the part against Defendant A and the judgment of second instance against Defendant A shall be reversed.

Defendant .

Reasons

1. First of the scope of the judgment of this court, the second court rendered a judgment dismissing the prosecution as to the act of assaulting the victim C among the facts charged, and the part became final and conclusive without any other complaint, which is excluded from the scope of the judgment of this court.

2. The summary of the grounds for appeal is unreasonable: The sentence imposed on the Defendants [five years of imprisonment with prison labor for Defendant R, six years of imprisonment with prison labor for Defendant A (the first instance judgment), and one year and short-term eight months of imprisonment with prison labor (the second instance judgment)] are too heavy.

3. The grounds for ex officio reversal against Defendant A are examined ex officio prior to the judgment on the grounds for appeal by Defendant A.

The judgment of the court of first instance and the judgment of the court of second instance have been sentenced to each of the above two appeals cases, and this court has made a decision to jointly examine the above two appeals cases. Each of the offenses against the defendant in the first and second judgment is concurrent offenses under the former part of Article 37 of the Criminal Act, and one of the offenses under Article 38(1) of the Criminal Act shall be sentenced to one punishment

Accordingly, the judgment of the first and second court can no longer be maintained.

4. We examine the judgment on the grounds of appeal by Defendant R, and the part on rape with Defendant R among each of the crimes of this case committed by Defendant R, as to the crime of this case, the part on rape with Defendant R, which was committed by Defendant R, was systematically planned with Defendant A, induced the victim at his own house, and drinked with the victim’s age so that the victim could not take care of the victim, and thus, the victim could not take care of the victim. Considering the motive of the crime, there is no possibility to avoid severe punishment due to very poor nature of crime

Although the defendant is against each of the crimes of this case, the victims are not subject to punishment by mutual consent with the victims, and there is no record of the same kind of crime, due to the circumstances favorable to the defendant, such as the fact that there is no record of the same crime.

However, the defendant is determined within the recommended range of the sentencing guidelines set by the Supreme Court.

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