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(영문) 서울고등법원 2019.06.13 2019노858
성폭력범죄의처벌등에관한특례법위반(특수강간)
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and six months.

, however, from the date this judgment becomes final.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing against Defendant B is too unreasonable.

B. The lower court’s sentencing against the Defendants is too uncomfortable and unfair.

2. Determination

A. As to the Defendant B’s crime of this case, it is recognized that the crime of this case committed by the said Defendant in collaboration with the said Defendant A, which is not good to the nature of the crime, and the victim appears to have suffered considerable mental suffering and suffering from the crime of this case.

However, in light of the facts alleged by the prosecutor, it is difficult to view that the lower court’s sentence against Defendant B is unfair because it is too unreasonable even if considering all of the circumstances asserted by the prosecutor, considering the following: (a) Defendant B did not wish to punish Defendant B by mutual consent with the victim; (b) Defendant B did not have any record of punishment prior to the instant crime; and (c) Defendant B was a juvenile as provided by the Juvenile Act; and (d) Defendant B was a juvenile as provided by the Juvenile Act; and (c) other conditions of sentencing specified in the instant pleadings, such as the character, conduct and environment of Defendant B, motive, means and consequence of the instant crime; and (d) circumstances after the crime, etc., it is difficult to view that the sentence against Defendant B is too unreasonable, and rather, it is recognized that the lower court’

Therefore, Defendant B’s above assertion of unfair sentencing is reasonable, and the prosecutor’s above assertion of unfair sentencing on Defendant B is without merit.

B. As to Defendant A, the judgment on the part of Defendant A recognized the instant crime in the trial court, divided and reflected the mistake thereof, Defendant A did not want the victim’s punishment under the agreement with the victim at the court below, Defendant A did not have criminal records except for those subject to the suspension of guidance prior to the instant crime, and Defendant A was a juvenile under the Juvenile Act.

However, the crime of this case is the defendant.

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