(영문) 부산고등법원 2015.01.15 2014노750 | 리걸엔진

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(영문) 부산고등법원 2015.01.15 2014노750

성폭력범죄의처벌등에관한특례법위반(특수강간)

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All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that each sentence (the three years of suspended execution of two years and six months for each of the defendants, the 80 hours of sexual assault therapy, the 4 years of suspended execution of three years and 80 hours of imprisonment, and the 80 hours of sexual assault therapy) declared by the court below to the defendants is too uneasible and unfair.

2. The Defendants’ crime of joint rape of this case committed by the Defendants: (a) the Defendants committed rape with a juvenile under the age of 17 by drinking alcohol together with the victim who is a juvenile under the age of 17; and (b) committed rape with the victim who was unable to resist under the influence of alcohol; and (c) the Defendant appears to have received a considerable mental impulse at the time of committing the crime; (b) on the other hand, Defendant B committed fraud that prevents the payment of the drinking value by reporting to the police that the business owner would sell alcohol to minors, and that the Defendant B did not recover from the damage of the fraudulent act; and (c) the Defendant B committed fraud that is disadvantageous to the Defendants.

However, there are many circumstances favorable to the Defendants, such as the fact that the Defendants were wrong and are against the Defendants, that the Defendants committed the crime of this case in a contingent manner while drinking alcohol together with the victims, that the Defendants did not plan or gather the crime in advance, that the Defendants did not want the punishment of the Defendants, that the Defendants did not want the punishment of the Defendants, that the Defendants had a high possibility of improvement and edification with the young age of 20 years old, that the Defendants want to protect and guide the Defendants, that their families want to protect and guide the Defendants, that Defendants A and C were the primary offenders, and that Defendant B had a record of having been sentenced to the suspension of indictment once juvenile protective disposition and three times, but there was no record of criminal punishment.

As such, the Defendants are the defendants.

유사 판례

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