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(영문) 서울고등법원 2016.07.21 2016노401
성폭력범죄의처벌등에관한특례법위반(특수강간)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unreasonable that the sentence imposed by the court below on the Defendants (for defendant A, three years and six months of imprisonment with prison labor, three years in short term, three years in long term, three years in short term, and two years and six months in short term).

2. The Defendants were fully aware of the instant crime and reflect in depth the mistake.

Defendants are ageed juveniles and have no record of committing crimes.

The defendants' family and branch members appeal against the defendants' wife.

However, the crime of this case is extremely poor that the defendants committed rape in combination with the defendants in their residential areas near the middle of their residence for unspecified victims during the night.

As a result, the victim was suffering from a great mental suffering as well as the suffering of sexual humiliation.

The injured person wanted to impose strict punishment on the Defendants.

In addition, comprehensively taking account of the character, conduct and environment of the Defendants, and all of the sentencing conditions as shown in the argument in this case, and the circumstances where the lower limit of the punishment by law is two years and six months, it cannot be said that the sentence imposed by the lower court against the Defendants is too unreasonable.

Therefore, the defendants' arguments are not accepted.

3. As such, the Defendants’ appeal is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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