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All the judgment below is reversed.
Defendant
A shall be punished by imprisonment for six months, and imprisonment for one year and eight months, respectively.
Reasons
1. Summary of grounds for appeal;
A. Each sentence (Defendant A: 2 years of suspended sentence in October, and Defendant B: 1 year and 4 months) sentenced by the court below to the Defendants is deemed to be too uneasible and unfair.
B. Each sentence sentenced by the court below to the Defendants is too unreasonable.
2. We also examine the judgment prosecutor and the Defendants’ arguments.
A. Defendant A’s confession of the instant crime and reflects the wrongness of the Defendant, and the victim’s accusation (in spite of the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special robbery), it has no record of criminal punishment exceeding the fine (one time). However, there is a need for strict punishment as a serious crime that disturbs the procedure of criminal justice and the exercise of the State’s penal authority. In particular, in a case where a person without suspicion is designated as a person for rape as the same crime of this case, the person without suspicion alone will be at the investigative agency to suffer disadvantages, such as having to undergo an investigation, and even if the fact of suspicion is known to another person in the process, he/she shall be acquitted.
In light of the records and theories of this case, the punishment imposed by the court below is unfair in consideration of the following: (a) the nature of the crime was suffered from irrecoverable disadvantages in family or society; (b) the risk and harm of a sexual crime may be placed in the place where a severe punishment was imposed in general; (c) the victim was arrested under the suspicion of robbery and rape; and (d) the victim did not agree with the victim until the judgment was rendered; (c) the equity in sentencing with the similar case; and (d) the defendant’s age, sex behavior and environment; and (e) the defendant’s age, motive and circumstance leading to the crime of this case; and (e) the motive and consequence leading up to the crime of this case; and (e) the circumstances after the crime.
B. Defendant B.