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(영문) 서울고등법원 2018.04.05 2017노3702
성폭력범죄의처벌등에관한특례법위반(특수준강간)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unreasonable that the sentence imposed by the court below on the Defendants (five years of imprisonment for each of the defendants A, B, and five and half years of imprisonment for each of the defendants C) is too unreasonable.

2. Determination

A. It is recognized that both Defendant A, B, and B have led to the instant crime, and they have repented and reflected their mistakes, and that the said Defendants did not have any history of having been punished for a sex offense in the past, and that Defendant A only had a criminal record of a fine in the case of Defendant A.

However, the crime of this case is committed by the above defendants in collaboration with the defendant C and rape in the park where the victim under the influence of alcohol was under the influence of alcohol is open to the public, and the nature of the crime is extremely poor. The crime of this case showed serious mental suffering and pain to the victim, and the victim did not receive a letter or reach an agreement from the injured party up to the depth, and other factors such as the age, sexual behavior and environment, motive, means and consequence of the crime, etc. of the above defendants, and the scope of recommended sentence according to the sentencing guidelines of the sentencing committee of the Supreme Court, the court below's punishment is too unreasonable. Thus, all of the above defendants' arguments are without merit.

B. Defendant C confessions all of the crimes of this case, repents and reflects his mistake, and there is no record of punishment for sexual crimes in the past, and the damage amount of the crime of this case is somewhat minor.

However, the crime of special quasi-rape in this case was committed by Defendant C, in collaboration with Defendant A and B, with the victim under the influence of alcohol, and rape was committed in a park where it was open to the public, and the nature of the crime was extremely poor. The crime committed by the special quasi-rape in this case was committed by the victim with severe mental suffering and suffering, and the victim was able to receive a letter or agree from the victim up to the trial.

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