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The judgment below
Of the defendants B, the part of the defendant is reversed.
Defendant
B A person shall be punished by imprisonment for not less than two years and six months.
except that this judgment.
Reasons
1. The main point of the grounds for appeal is that each of the lower court’s punishment (three years of imprisonment for Defendant A, and two years and six months of imprisonment for Defendant B) against the Defendants is too heavy or it is unreasonable to inspect the Defendants (the Defendants).
2. Determination
A. The grounds of appeal by the defendant A and the prosecutor are also examined.
Defendant
The fact that A recognized his mistake and reflects against A when it comes to the trial, that there is no record of criminal punishment in the Republic of Korea, and that A committed the crime of this case by contingently while drinking together with a victim and her mother who were engaged in alcohol from the age club, is favorable to Defendant A.
However, in full view of all the circumstances, including Defendant A’s age, character and conduct and family environment, background leading up to the instant crime, means and consequence, etc., the lower court’s punishment is too heavy or unreasonable, taking into account the following circumstances: (a) the Defendants took part in the instant crime, such as: (b) the Defendants’ sexual intercourse with the victim, etc.; (c) the mental impulse and sense of shame caused by the instant crime is extremely poor; (d) the victim’s emotional impulse and sense of shame appears to be considerable; (e) the victim was punished; and (e) the victim did not receive the victim’s letter; and (e) the victim did not receive the victim’s letter; and (e) other circumstances leading up to the sentencing conditions, such as Defendant A’s age, character and conduct, and family environment, the circumstances leading to the instant crime; and (e) the circumstances after the crime.
Therefore, the above defendant and prosecutor's argument are without merit.
In addition, considering that Defendant A was an initial offender and committed the instant crime contingently, it is difficult to see that Defendant A is highly likely to repeat a crime. The punishment determined by the court below and the registration of personal information of Defendant A appear to have the effect of preventing the recidivism of Defendant A and protecting the general public from the sex offense, and the age of Defendant A and the instant case.