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(영문) 서울고등법원 2014.05.01 2014노593
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for a maximum of two years, for a short of one year and nine months, and for two years, for Defendant B.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (two years and six months of imprisonment, respectively, and two years of short term) is too unreasonable.

2. The crime of this case against Defendant A is very poor in light of its objects and contents, and the manual, etc.

However, in full view of all the following factors: (a) the above defendant is still under the age of 19 and has no criminal record; (b) the defendant was the first offender who has no criminal record; (c) the victim was aware of his mistake; (d) the victim did not want the punishment of the above defendant; and (e) the victim did not want the punishment of the above defendant by mutual agreement with the victim; and (e) the degree of the crime of the above defendant; (b) character and conduct, environment, family relationship; (c) motive and circumstance of the crime; (d) the means and consequence of the crime; (e) the circumstances after the crime; and (e) equity in sentencing with the defendant B, who is the accomplice,

3. Prior to the judgment on the grounds of appeal by the above defendant B, the above defendant was examined ex officio prior to the judgment on the grounds of appeal by the above defendant, and the above defendant was sentenced to an irregular term because he fell under the "juvenile" under Article 2 of the Juvenile Act at the time of the judgment of the court below, but it is apparent that the above defendant was no longer a juvenile under the age of 19 years at the time of the judgment of the court below. Thus, the judgment of the court below that sentenced the above defendant to an irregular term of imprisonment was no longer maintained

4. As such, the part of the judgment of the court below against Defendant A is reversed under Article 364(6) of the Criminal Procedure Act on the ground that Defendant A’s appeal is well-grounded, and since the part on Defendant B among the judgment of the court below on the ground of the above ex officio reversal, the above part is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the above Defendant’s allegation of unfair sentencing

【Reason for the Judgment of the Supreme Court】 Criminal facts and evidence.

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