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(영문) 서울고등법원 (춘천) 2015.03.25 2015노2
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
Text

The part concerning Defendant A and B in the judgment of the court below is reversed.

Defendant

A and B shall be sentenced to a maximum of four years, a short of three years.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (five years of imprisonment for each of the defendants, four years of short term) is too unreasonable.

Judgment

The Defendants: (a) the victim drinking alcohol together with the victim was rapeed by the her full-time withdrawal; (b) the victim solicited sexual traffic by doping to prepare living expenses; (c) the victim was unable to return to the house or by threatening the victim to answer such circumstance, and the victim was seriously deprived; and (d) the victim did not agree with the victim; (b) the victim was unable to reach an agreement; (c) the victim was going according to the Defendant B, a four-year-old juvenile at the time of the crime of this case, who was friendly with the character of the victim; (d) the victim deposited KRW 5 million for the crime of this case; (e) the victim was not subject to criminal punishment, including protective disposition or suspension of indictment prior to the crime of this case; (e) the victim was not able to have committed a crime of this case; (e) the victim’s motive for committing the crime of this case, including protective disposition or suspension of indictment; and (e) the victim’s motive for committing the crime of this case’s imprisonment and conduct, etc.; (e) the Defendant B’s motive of this case’s participation in the crime of this case’s punishment.

Therefore, the appeal by the Defendants is reasonable. Accordingly, pursuant to Article 364(6) of the Criminal Procedure Act, the part against the Defendants in the judgment of the court below is reversed, and the appeal is again decided as follows.

Criminal facts

Each of the judgments of the court below on the gist of evidence is relevant.

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