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(영문) 부산고등법원 2016.08.25 2016노364
성폭력범죄의처벌등에관한특례법위반(특수준강간)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence imposed by the court below on the Defendants (defendant A and B: the suspended sentence of two years and six months for each of the imprisonment, the community service and the lecture order for sexual assault treatment for 80 hours, the defendant C: the suspended sentence of one year and six months for a period of three years, the community service and the lecture order for sexual assault treatment for a period of 160 hours for a period of 80 hours for a period of 160 hours for a term of imprisonment) is too uneasible.

2. In light of the fact that the crime of this case committed by the Defendants was committed jointly by the Defendants, and was committed by raped by the Defendants under the influence of alcohol as stated in the judgment of the court below, and the nature of the crime was not somewhat weak in light of the motive, background, means, methods, and consequences of the crime, and each of the crimes of this case committed by the Defendants, which led to the significant shock and pain of the victims, etc., it seems that the Defendants need to be subject to strict punishment corresponding to the Defendants’ act and degree of participation.

However, the defendants recognized all the crimes of this case and divided their errors.

In full view of the favorable circumstances, such as the fact that the Defendants agreed with the victim and the victim did not want to punish the Defendants, that the Defendants were 16,17 years old juveniles at the time of committing the instant crime, and that there seems to be sufficient room for improvement in the future, and that the Defendants did not have any particular criminal force except for those subject to protective disposition against juveniles or suspension of indictment several times of the instant crime, and other factors of sentencing as indicated in the instant argument, such as the degree of the Defendants’ participation, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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