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(영문) 수원고등법원 2020.05.07 2019노343
성폭력범죄의처벌등에관한특례법위반(특수준강제추행)
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The Defendants’ determination on the assertion of unfair sentencing by the prosecutor is an unfavorable circumstance against the Defendants, such as the following: (a) he/she committed an indecent act against the victim, such as cutting off the clothes of the victim under the influence of alcohol and shoting the victim’s conspiracy with him/her; (b) Defendant B and C taken the victim’s b body pictures and posted them on the Kakao Stockholm organization room; and (c) Defendant C took the victim’s sexual photo on the following day and posted them on the Kakakao Stockholm organization room; and (d) the victim’s mental impulse and sexual humiliation appears to be very great.

On the other hand, when the defendants recognized their mistake and seriously against it, they agreed with the victim in this court so that they did not want to be punished against the defendants, the defendants did not want to be punished against the defendants, and the defendants participated in the college skiing camp course with the victim and the university motive or the postline line, and they seem to have caused the crimes of this case by contingently and causing them to commit the crimes of this case. Defendants A and B did not have any history of criminal punishment, Defendants A and B went into a social life with their accompanying company, and Defendants C and D are under university life, and there is room for the defendants' age young and improvement.

In addition to these circumstances, taking into account the following factors, the Defendants’ family relation, age, character and conduct, career, environment, the background and consequence of the instant crime, and all of the sentencing factors indicated in the instant records and arguments, such as the circumstances after the commission of the crime, the lower court’s punishment against the Defendants cannot be deemed to be excessively unfeasible and beyond the reasonable scope of discretion.

The prosecutor’s assertion disputing the propriety of sentencing of the court below is not accepted.

2. The appeal by the conclusion prosecutor is dismissed for all reasons.

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