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(영문) 광주고등법원 2013.06.13 2012노577
성폭력범죄의처벌등에관한특례법위반(특수강간)
Text

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

Reasons

1. The summary of the prosecutor’s grounds of appeal is unreasonable as it is too unfasible to the sentence of three years of suspended execution in two years and six months of imprisonment sentenced by the court below to the Defendants.

2. Although the nature of the crime of this case is not good, the crime of this case is committed against the defendants, while the defendants drink with the victims.

At the time of the instant crime, the Defendants were juveniles of 16 or 17 years of age at the time of the instant crime. Defendants A, C, and D were first offenders and they did not have any record of criminal punishment. Defendants A, and C agreed with the victim I, and Defendant B paid money to the victims I as compensation for damage. The parents of the Defendants sought a letter to the victims, taking full account of all the circumstances revealed in the instant argument, such as the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair, and thus, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal against the defendants is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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